Sayed Suhel Hussain Zaidi Son Of Sarwar Hussain Zaidi v. Razia Sarwar Hussain Zaidi Alias Zaidi Razia Sarwar Husain Deceased

1 38-MPT-223-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 223 OF 2025 Sayed Suhel Hussain Zaidi ] son of Sarwar Hussain Zaidi ] Petitioner Razia Sarwar Hussain Zaidi alias ] Zaidi Razia Sarwar Husain ] Deceased ......

Ms. Seema Hunnurkar, for Petitioner.

......

CORAM :

ARIF S. DOCTOR, J.

rd APRIL, 2025.

DATE :

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 Razia Sarwar Hussain Zaidi aliasZaidi Razia Sarwar Husain ('the deceased'), who died in Mumbai on 21 st November, 2024. 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 SHAILAJA SHRIKANT HALKUDE Date: 2025.04.24 10:14:01 +0530

2 38-MPT-223-2025.doc 2.

The deceased left behind her surviving as her only heirs and next of kin according to Mahomedan Law as applicable to the Shia Muslims, 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 5 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. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

3 38-MPT-223-2025.doc "(a) This Honble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner, alongwith the heirs mentioned in para no. 4 herein above are the only heirs and legal representatives of the deceased".

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.]