Nazir Hamid Thakur And 2 ORS v. Hameed Ahmad Thakur (Deceased)

1 29-MPT 136-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.136 OF 2025 Hameed Ahmad Thakur ... Deceased Nazir Hamid Thakur & Ors.

... Petitioners ----- Mr. Nikhil Ghate for the Petitioners.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

15TH APRIL 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.04.16 11:29:06 +0530 MUGDHA MANOJ PARANJAPE 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 Hameed Ahmad Thakur ('the deceased'), who died at Thane on 15 th February 2022. 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 Petitioners are the only legal heirs and next of kin of the deceased according to Muslim Personal Law (Shariat) Application Act, 1937.

2 29-MPT 136-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.

As the Petitioners are the only legal heirs of the deceased, the question of filing any consent affidavit does not arise. 5.

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. 6.

I have heard the learned Counsel appearing on behalf of the Petitioner 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. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (A), which reads as under :- "A) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioners namely 1) Nazir Hamid Thakur,

2) Imtiyaz Hameed Thakur, 3) Rizwan Hameed Thakur and

4) Riyaz Abdul Hamid Thakur under the provisions of

3 29-MPT 136-25.doc Bombay Regulation VIII of 1827 certifying that the Petitioners are the only legal heirs of the said deceased." 8.

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

9.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.)