Asif Abbas Adiji v. Mohmedali Kamruddin Lucknowala (Deceased)
by MULEY SHUBHAM PRAVINRAO Date:
2025.01.23 10:08:12 +0530 MULEY SHUBHAM PRAVINRAO 1 40-MPT-2-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 2 OF 2025 Asif Abbas Adiji
...Petitioner
Mohmedali Kamruddin Lucknowala ...Deceased ----------------- Mr. Prabhu Velar for the Petitioner.
----------------- CORAM : ARIF S. DOCTOR, J.
DATE : 22ND JANUARY, 2025 P.C.:- 1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Mohammed Ali Kamruddin alias Mohmedali Kamruddin Lucknowala ('the deceased'), who died at Mumbai on 10 th July 1978. 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 The Mohammedan Law as applicable to Bohri Muslims, the persons mentioned in the table in paragraph 4 of the Petition. 1/3
2 40-MPT-2-2025.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 4.
The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.
5.
The Registry has duly verified the Petition. 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 Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Mariyam Hatim Lucknowala (daughter-in-law), (2) Firoz Hatim Lucknowala (grandson), (3) Zuzer Hatim Lucknowala (grandson), (4) Elyas Hatim Lucknowala (grandson), (5) Shirin Abbas Lucknowala (daughter-in-law) and (6) Asif Abbas Adiji (grandson) are the only surviving legal heirs and legal 2/3
3 40-MPT-2-2025.doc representative of the abovenamed deceased i.e., Mohammed Ali Kamruddin alias Mohmedali Kamruddin Lucknowala." 8.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.
9.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
(ARIF S. DOCTOR, J.) 3/3