Nazneen Mohsin Charania And 2 Other v. Mohsin Gulamabbas Charania (Deceased)

1 30-MPT 272-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.272 OF 2025 Mohsin Gulamabbas Charania ... Deceased Nazneen Mohsin Charania and others ... Petitioners ......

Ms. Neha Balani a/w Mr. Shivam Gupta i/b Jameela Damani, for Petitioners. ......

CORAM :

ARIF S. DOCTOR, J.

DATE :

07TH MAY 2025 P.C. :

1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Mohsin Gulamabbas Charania ('the deceased'), who died in Mumbai on 8 th July, 2020. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is, therefore, assumed that the deceased died intestate. 2.

The deceased left behind him surviving as his only heirs and next of kin according to Mohammedan Law (Khoja), the persons mentioned in the table in paragraph 5 of the Petition.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.05.09 14:00:29 +0530

2 30-MPT 272-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 11 of the Miscellaneous Petition. 4.

The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 5.

I have heard the learned Counsel appearing on behalf of the Petitioners as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- "(a) The Petitioner may be declared as a legal heir and representative of late Shri Mohsin Gulamabbaas Charania and issue Legal Heirship certificate to produce the same before concerned and competent authority for substituted her name in place of her deceased husband in share holding in Reliance Industries Limited. The petitioner even prays that the deceased Public Provident Fund amounting into be credited in her account".

3 30-MPT 272-25.doc 7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.

8.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]