Nurulhuda Ruhulla Khan v. Raziya Khatoon Ruhulla Khan

M5.MPT(L).12910.2026.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 (L) NO.12910 OF 2026 Raziya Khatoon Ruhulla Khan .. Deceased Nurulhuda Ruhulla Khan .. Petitioner ....................

 Mr. Dinesh Arjun Wani i/b Mr. Jayant Arjun Wani, Advocates for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 17, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 17.04.2026. Perused the praecipe.

2.

Heard Mr. Wani, 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 Raziya Khatoon Ruhulla Khan. 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.

4.

Consent affidavit dated 03.03.2026 of Tahir Akhtar s/o Habib Ahmed Qureshi, the legal heir is filed on record and appended

M5.MPT(L).12910.2026.doc at page No.40 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 clauses 'A' and 'B' which read thus:- "A.

That a Certificate of Legal Heirship be issued, certifying that the Petitioner, along with the following legal heirs; 1) Nurulhuda Ruhulla Khan and 2) Tahir Akhtar S/O Habib Ahmed Qureshi, as mentioned in Paragraph 4 of the Petition, be and are recognized as the lawful legal heirs of the deceased Late Raziya Khatoon Ruhulla Khan.

B.

That the said certificate be granted under Section 2 of the Bombay Regulation VIII of 1827, to enable the transfer of the properties of the deceased in the names of the aforesaid legal heirs, as per law, in favor of the Petitioner and One another Son and legal heir."

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. It is clarified that the 3 week period shall start from the date of removal of office objections.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.04.21 19:06:19 +0530 AJAY TRAMBAK UGALMUGALE