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Bombay High CourtMPT/466/2026disposed off

Kurosh Dariush Fallahzadeh v. Shernaz Fallazadeh Alias S D Fallahzadeh Alias Shernaz Fallahzadeh Wd O Dariush Fallahzadeh

2026-04-24Hon'Ble Shri Justice Milind N. Jadhav2 pages

M16. MPT.466.2026.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. 466 OF 2026 Shernaz Fallazadeh alias S. D. Fallahzadeh alias Shernaz Dariush Fallahzadeh alias Shernaz Fallahzadeh wd/o. Dariush Fallahzadeh alias Shernaz Dariush Irani alias Sarvar Daryoosh Fallahzadeh alias Sarvar Dariush Fallahzadeh alias Sarwar Dariush Fallahzadeh .. Deceased Kurosh Dariush Fallahzadeh .. Petitioner ....................

 Mr. M. V. Sawant, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 24, 2026 P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 24.04.2026. Perused the praecipe.

2.

Heard Mr. Sawant, 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 the deceased abovenamed. 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.8 of the Petition. I have perused the same.

M16. MPT.466.2026.doc 4.

Consent affidavit dated 27.03.2026 of Tehrat Sarosh Irani, the legal heirs are filed on record and appended at page No.35 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) This Hon'ble Court be pleased to issue a Legal Heirship Certificate under the provision of Bombay Regulation VIII of 1827 certifying that (1) Kurosh Dariush Fallahzadeh, son and Petitioner abovenamed and (2) Tehrat Sarosh Irani, are the only legal heirs of the deceased abovenamed."

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.

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

2026.04.27 18:01:07 +0530 Ajay RAVINDRA MOHAN AMBERKAR