Farah Tabassum Mehmood Shaikh v. Mehmood Ismail Shaikh Alias Shaikh Mehmood Ismail Alias Shaikh Mehmood Shaikh Ismail (Deceased)

1 22-MPT 205-25.doc shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.205 OF 2025 Mehmood Ismail Shaikh alias Shaikh Mehmood Ismail alias Shaikh Mehmood Shaikh Ismail ... Deceased Farah Tabassum Mehmood Shaikh ... Petitioner .....

Mr. Prabhu Velar, for Petitioner.

.....

CORAM :

ARIF S. DOCTOR, J.

DATE :

17TH APRIL 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 Mehmood Ismail Shaikh alias Shaikh Mehmood Ismail alias Shaikh Mehmood Shaikh Ismail ('the deceased'), who died in Mumbai on 29 th December, 2012. 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.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.21 15:12:03 +0530

2 22-MPT 205-25.doc 2.

The deceased left behind him surviving as his only heirs and next of kin according to Mohammedan Law, the persons mentioned in the table in paragraph 4 of the Petition.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition. 5.

The Petition has been duly verified by the Registry. 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. 6.

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.

3 22-MPT 205-25.doc 7.

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 provision of Bombay Regulation VIII of 1827 certifying that follows person i.e, (1) Zehrabi Ismail Shaikh (mother), (2) Farah Tabassum Mehmood Shaikh (widow) and (3) Nameerah Mehmood Shaikh (daughter) are the only surviving Legal Heirs of the deceased abovenamed i.e Mehmood Ismail Shaikh alias Shaikh Mehmood Ismail alias Shaikh Mehmood Shaikh alias Mehmood Shaikh". 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.

9.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]