Jangoo Khurshed Mistry v. Homi Khurshed Mistry (Deceased)

94.MPT.503.2025.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. 503 OF 2025 Homi Khurshed Mistry .. Deceased Jangoo Khurshed Mistry .. Petitioner ....................

 Mr. K. M. John, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 3, 2025.

P.C.:

1.

Heard Mr. John, 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 Homi Khurshed Mistry. 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. 6 of the Petition. I have perused the same.

3.

Petitioner is the sole legal heir of the deceased. 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:-

94.MPT.503.2025.doc "a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that Jangoo Khurshed Mistry (Brother of the deceased and the Petitioner herein), is the only heir and Legal representative of the deceased."

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: 2025.10.06 12:56:47 +0530 AJAY TRAMBAK UGALMUGALE