Reshma Rafiuddin Mir v. Rafiuddin Abbas Mir

M6.MPT362.2026.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. 362 OF 2026 Rafiuddin Abbas Mir s/o. Abbas Mir and Najma Rafiuddin Mir w/o. Rafiuddin Mir @ Najma Mir .. Deceased Persons Reshma Rafiuddin Mir .. Petitioner ....................

 Ms. Anita Manjalkar, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 21, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 21.04.2026. Perused the praecipe.

2.

Heard Ms.Manjalkar, learned Advocate for Petitioner. 3.

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 persons Rafiuddin Abbas Mir s/o. Abbas Mir and Najma Rafiuddin Mir w/o. Rafiuddin Mir @ Najma Mir. 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.

4.

Consent affidavits dated 24.01.2026 and 16.02.2026 of

M6.MPT362.2026.doc Shahidullah Rafiuddin Mir and Mir Irshad Ahmed Rafiuddin s/o. Rafiuddin Mir, the legal heirs are filed on record and appended at page Nos. 23 and 25 of Petition.

5.

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 reads thus:- "(a) That a Legal Heirship Certificate certifying that the Petitioner's along with Heirs mentioned in para no. 4 hereinabove are the only heirs and legal representative of the said deceased no. 1 i.e. Rafiuddin Abbas Mir s/o. Abbas Mir and deceased no. 2 i.e. Najma Rafiuddin Mir w/o. Rafiuddin Mir @ Najma Mir under the provision of Bombay Regulation Act VIII of 1827;" 6.

Issuance of proclamation stands dispensed with. 7.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 8.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

9.

Praecipe is allowed and disposed.

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

2026.04.21 19:32:19 +0530 RAVINDRA MOHAN AMBERKAR