Hozefa Imran Lokhandwala v. Imran Essofally Lokhandwala (Deceased)

2024:BHC-OS:18724 33 mpt 277 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.277 OF 2024 Hozefa Imran Lokhandwala ...

Petitioner Imran Essofally Lokhandwala ...

Deceased Mr. Farhan Shaikh with Mr. Rohit Mahadik, Mr. Suraj Shetye, Mr. Rushikesh Bhagat, Ms. Priyasha Pawar, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

18 NOVEMBER 2024 P.C.

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.

Imran (deceased) was the father of the Petitioner. The deceased passed away on 19 March 2023. At the time of his death, the deceased had a fixed place of abode at Flat Nos.1201/1202, 12th Floor, A Wings, Rekab CHS Ltd., 20, E.S.Patrawala Marg, Ghodapdeo, Kalachowki, Mumbai - 400 033. 4.

The Petitioner avers, the deceased had left behind a Will and Testament dated 14 December 2022. By an order dated 1 October 2024, the Probate of the last Will and Testament has been granted. Heirship certificate is required for transfer of electricity connection standing in the name of the deceased.

5.

I have perused the averments in the Petition. The documents annexed SSP 1/2

33 mpt 277 of 2024.doc to the Petition lend support to the claim of the Petitioner. The other heirs, namely, Sugra Imran Lokhandwala, Tasnim Fakruddin Dalal and Rashida Juzar Radiowala have filed Affidavits giving their consent for the grant of heirship certificate. Heirship certificate is required for recognition as the legal heirs of the deceased. Thus, I do not find any impediment in the granting heirship.

6.

Hence, the following order :

ORDER

(i) The Petition stands allowed in terms of prayer clause (a), which reads as under :

"(a) This Hon'ble Court may issue the Legal Heirship Certificate thereby certifying the Petitioner i.e., Hozefa Imran Lokhandwala and the legal heirs mentioned in the petition as recognized legal heirs and representatives of the deceased;

(ii) Issue of proclamation is dispensed with.

(iii) Grant expedited.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 19/11/2024 17:54:04