Ayesha Abdulla Patla v. Abdulla Moideen Patla (Deceased)

23-MPT-226-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 226 OF 2024 Ayesha Abdulla Patla

...Petitioner

Versus

Abdulla Moideen Patla (deceased) ...Deceased *** Mr.Vishal M. Dhamal for Petitioner.

*** by SANTOSH SUBHASH KULKARNI Date:

2024.06.28 09:22:59 +0530

CORAM

:

N. J. JAMADAR, J.

DATE :

26th JUNE 2024 SANTOSH SUBHASH KULKARNI PC.

:

1.

Heard the learned Counsel for the petitioner. 2.

This petition is filed for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827. 3.

Abdulla Moideen Patla (deceased), was the husband of the petitioner. He passed away on 4th July 2023. At the time of his death, he had a fixed place of abode at Santacruz (E.), Mumbai. 4.

In the petition it is averred that the deceased had died intestate, and despite diligent search, no testamentary writing or Will has been found. Apart from the petitioner, the deceased left behind the legal heirs mentioned in paragraph No.4 of the petition. The Heirship Certificate is required to lay claim over D.A.ETHAPE

23-MPT-226-2024 (OS).doc the properties described in the Schedule of property. 5.

The averments in the petition find support in the documents annexed to the petition. Apart from the petitioner, the deceased seems to be survived by his mother, son and two daughters. Rest of the heirs mentioned in paragraph 4 of the petition have filed affidavits giving no objection to grant of Heirship Certificate. I do not find any impediment in granting Heirship Certificate.

6.

Hence, the following order:

ORDER

(i) The petition stands allowed in terms of prayer clause (a). (ii) Issue of proclamation is dispensed with.

(iii) Issue of grant expedited.

(N. J. JAMADAR, J.) D.A.ETHAPE