Mahavash Farhad Kavian v. Farhad Boman Kavian (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.04.01 10:05:27 +0530 MULEY SHUBHAM PRAVINRAO 1 34-MPT-118-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 118 OF 2025 Mahavash Farhad Kavian

...Petitioner

Farhad Boman Kavian ...Deceased ----------------- Adv. Dhansukh Tailor 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 Farhad Boman Kavian ('the deceased'), who died at Thane on 11 th December, 2023. 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 heir and next of kin the Petitioner according to the Indian Succession Act, 1925. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 12 of the Miscellaneous Petition. 1/3

2 34-MPT-118-2025.doc 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. this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Reguiation VIII of 1827 certifying that the petitioner abovenamed i.e. Mahavash Farhad Kavian, who is the sole surviving heir and the daughter of the deceased i.e. Shri. Farhad Boman Kavin, required to be submitted to the Owners/Landlord namely, Todywalla Estates Pvt. Ltd; having address at Todywalla House, 80, Ardeshir Dady Street, Khetwadi, Mumbai - 400004 as well as production before M/s. Farisian Star Cafetaria situated at 8 33a St - AL Fahidi - Dubai - United Arab Emirates."

7.

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

2/3

3 34-MPT-118-2025.doc 8.

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

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