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Bombay High CourtMPT/419/2025disposed off

Aslam Ahmed Khan v. Ahmed Yasin Khan Deceased

2025-09-20Hon'Ble Shri Justice Milind N. Jadhav2 pages

14.MPT.419.2025.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. 419 OF 2025 Ahmed Khan .. Deceased Aslam Ahmed Khan .. Petitioner ....................

 Mr. B. G. Saraf a/w Suyash Kalbhor, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2025.

P.C.:

1.

Heard Mr. Saraf, 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 Ahmed Khan. 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. 5 of the Petition. I have perused the same. 3.

Consent affidavits dated 06.01.2025 of Nasir Ahmed Khan, Rehana Khaleel alias Iqbal Begum, Shanawaz Zahed and Muneera Begum alias Shaheen Begum, the legal heirs are filed on record and appended at page Nos. 32, 38, 43 and 48 of Petition.

14.MPT.419.2025.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 this Hon'ble Court be pleased to grant to the Heirship Certificate certifying that Aslam Ahmed Khan, Being Son the Petitioner herein, Nasir Ahmed Khan, Being Son, Rehana Khaleel alias Iqbal Begum, Being Married Daughter, Shanawaz Begum, Being Married Daughter and Muneera Begum alias Shaheen Begum, Married Daughter to be declared as the legal heirs and legal representatives of the deceased Late Ahmed Yasin Khan. Under the provision 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 by HARSHADA HANUMANT SAWANT Date: 2025.09.22 18:45:28 +0530 HARSHADA HANUMANT SAWANT