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Bombay High CourtMPT/483/2025disposed off

Hamid Gulab Mulla v. Ibrahim Abdul Mulla - Deceased

2025-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

19.483.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 483 OF 2025 Ibrahim Abdul Mulla .. Deceased Hamid Gulab Mulla .. Petitioner ....................

 Mr. Prabhu Velar i/b Mr. C.S. Kamble, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Mr. Velar, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Ibrahim Abdul Mulla. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.15 of the Petition. I have perused the same.

3.

Consent affidavits dated 27.12.2021 and 04.04.2022 of Khursid Abdul Mulla, Majid Ayub Mulla, Minaj Ilahi Mulla, Ahamad Gulab Mulla, Irfan Nabilal Mulla, Ashraf Nabilal Mulla, Farida Ashpak Mistry and Babaso Gulab Mulla, the legal heirs are filed on record and appended at page No.29, 32, 35, 38, 41, 44, 47 and 50 of Petition.

19.483.2025.doc 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' which read thus:- "'a) That this Hon'ble Court be please to issue a Legal Heirship Certificate to the Petitioner, having effect throughout the State of Maharashtra, under the Provisions of the Bombay Regulation Act VIII of 1827 certifying that the Petitioner along with other legal heirs mentioned in para No. 4 of the petition herein above are the only heirs and legal representatives of the deceased in respect of the property and credits set forth in schedule - I annexed to this petition."

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.09.20 18:32:44 +0530 AJAY TRAMBAK UGALMUGALE