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Bombay High CourtMPT/693/2025disposed off

Shernaz Darius Dastur v. Darius Cyrus Dastur

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

141.MPT.693.2025.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. 693 OF 2025 Darius Cyrus Dastur .. Deceased Shernaz Darius Dastur .. Petitioner ....................

 Mr. Prabhu Velar i/by Ms. Bina Suresh Shivhare, Advocates for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 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 Darius Cyrus Dastur. 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.

Consent affidavit dated 14.08.2025 of Mehernosh Darius Dastur and Anahita Darius Dastur the legal heirs are filed on record and appended at page Nos.29 and 31 of Petition.

141.MPT.693.2025.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 clauses 'a' and 'b' which read thus:- "'a'

That legal heirship certificate there by certifying the (1) Petitioner Shernaz Darius Dastur (Widow) and (2) Anahita Darius Dastur (Daughter) and (3) Mehernosh Darius Dastur (Son) be recognized legal heirs and representative of the deceased be granted to the Petitioner;

b The delay so caused in filing the above Petition may be condoned;"

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 AJAY TRAMBAK UGALMUGALE Date: 2025.10.07 16:45:42 +0530 AJAY TRAMBAK UGALMUGALE