Abdul Irfan Abdul Salam Khan v. Nurunnisa Abdul Salam Khan

919.MPT.509.2025.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.509 OF 2025 Noorunnissa Abdul Salam Khan .. Deceased Abdul Irfan Abdul Salam Khan .. Petitioner ....................

 Ms. Tabassum J. Khan on behalf of Mr. Ramji B. Gupta, Advocates for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Mr. Khan, 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 Noorunnissa Abdul Salam Khan. The names and details of legal heirs of the deceased are stated in paragraph No.5 of the Petition. Purpose for filing the present Petition is stated in paragraph No.9 of the Petition. I have perused the same.

3.

Joint Consent affidavit dated 07.09.2023 of (1)Noorjahan Abdul Wahab Khan (Maiden Name: Noorjahan Abdul Salam Khan), (2)Abdul Kalam Abdul Salam, (3)Shahjahan Abdul Salam Khan and Consent affidavit dated 20.04.2025 of (4)Sana Abdul Rizwan Khan,

919.MPT.509.2025.doc the legal heirs are filed on record and appended at page Nos.21 and 25 of petition.

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 reads thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the Provisions of Bombay Regulation Act VIII of 1827 certifying that Petitioner, alongwith other legal heirs mentioned hereinabove are the only heirs and representatives of the deceased.

Names of all legal heirs 1. ABDUL IRFAN ABDUL SALAM KHAN (SON), 2.NOORJAHAN ABDUL WAHAB KHAN (MAIDEN NAME: NOORJAHAN ABDUL SALAM KHAN) (DAUGHTER), 3. ABDUL KALAM ABDUL SALAM (SON), 4.SHAHJAHAN ABDUL SALAM KHAN (DAUGHTER), 4. SANA ABDUL RIZWAN KHAN (GRANDDAUGHTER).

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 by AJAY TRAMBAK UGALMUGALE Date: 2025.09.22 17:34:15 +0530 AJAY TRAMBAK UGALMUGALE