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Bombay High CourtMPT/331/2025disposed off

Tasleem Barkat Zaria v. Barkat Mohamedali Zaria

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

62.MPT.331.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 331 OF 2025 Barkat Mohamedali Zaria .. Deceased Tasleem Barkat Zaria .. Petitioner ....................

 Mr. Malcolm Vaz i/b Mamta Dave, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 3, 2025.

P.C.:

1.

Heard Mr. Vaz, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Barkat Mohamedali Zaria. The names and details of legal heirs of the deceased are stated in paragraph No. 4 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 7 of the Petition. I have perused the same.

3.

Consent affidavits dated 19.09.2024 of Jasmin Barkat Zaria and Ali Barkat Zaria, the legal heirs are filed on record and appended at page Nos. 40 and 48 of Petition.

62.MPT.331.2025.doc 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'A' which read thus:- "(A) That the Legal Heirship Certificate may be granted to the Petitioner certifying that Tasleem Barkat Zaria, Jasmin Barkat Zaria, Ali Barkat Zaria are the legal heirs and representatives of the said deceased under the Provisions of the Bombay Regulation Act VIII of 1827;"

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.10.06 12:19:33 +0530 AJAY TRAMBAK UGALMUGALE