Magdoom Mohiddin Panchmahal And ANR v. Mohiddin Sharif Panchmahal (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.03.19 18:39:22 +0530 MULEY SHUBHAM PRAVINRAO 1 29-MPT-113-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 113 OF 2025 Magdoom Mohiddin Panchmahal & Ors.

...Petitioners

Mohiddin Sharif Panchmahal ...Deceased ----------------- Adv. Pawar Pranot Prabhakar for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 18TH MARCH, 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 Mohiddin Sharif Panchmahal ('the deceased'), who died at Mumbai on 5 th March, 2021. 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 the Petitioners according to Muslim Personal Law (Shariat) Application Act, 1937.

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 14 of the Miscellaneous Petition. 4.

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.

5.

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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Magdoom Mohiddin Panchmahal, ( the Son of the Deceased and the Petitioner No.1 herein), (2) Mohammad Mohiddin Panchmahal (the Son of the Deceased abovenamed and the Petitioner No.2 herein) and (3) Khatun Bi Mohiddin Panchmahal (the Daughter of the deceased abovenamed and the Petitioner No.3 herein) are the only heirs and Legal representatives of the deceased. "

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

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The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.) 3/3