Sayara Iqbal Khan v. Husain Sab Pathan Shaikh Alias Ismail Hussain Sab Pathan

918. MPT-496-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISC. PETITION NO. 496 OF 2025 Husain Sab Pathan Shaikh alias Ismail Hussain Sab Pathan alias Hussen Mashak alias Hussen Patan alias Hueein Mashak Pathan alias Pathan Hueein Mashaksahab .. Deceased Sayara Iqbal Khan .. Petitioner ....................

 Ms. Prabhu Velar, Advocate for Petitioner ...................

CORAM : MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025 P. C.

:

1.

Heard Mr. Velar, 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 Husain Sab Pathan Shaikh alias Ismail Hussain Sab Pathan alias Hussen Mashak alias Hussen Patan alias Hueein Mashak Pathan alias Pathan Hueein Mashaksahab. 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.

918. MPT-496-25.docx 3.

Petitioner is the only legal heir and legal representative of the deceased above.

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 clauses (a) and (b) which read thus:- "(a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that Sayara Iqbal Khan (Grand Daughter of the deceased and the Petitioner herein), is the only heir and Legal representative of the deceased. (b) That issuance of Proclamation be dispensed with. 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.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.19 19:36:09 +0530 RAVINDRA MOHAN AMBERKAR