Iffat Furqan Abdullah v. Mohammed Furqan Abdullah

36 738-26.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

LAXMI SUBHASH SONTAKKE TESTAMENTARY AND INTESTATE JURISDICTION LAXMI SUBHASH SONTAKKE Date: 2026.06.18 11:05:13 +0530 MISC. PETITION NO. 738 OF 2026 Iffat Furqan Abdullah

...Petitioner

Mohammed Furqan Abdullah ...Deceased _______ Ms. Bhakti Patil i/b. Prabhu Velar for Petitioner. _______

CORAM:

AARTI SATHE, J.

DATE:

15 JUNE 2026 P.C.

1.

Heard Ms. Patil, learned Counsel for the Petitioner. 2.

By this petition filed under the provisions of Bombay Regulation VIII of 1827, the Petitioner seeks issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased.

3.

The deceased was the husband of the Petitioner. The deceased expired on 29th November 2025. A copy of his death certificate is annexed to the petition at Exhibit-A. It is stated that at the time of his death, the deceased was residing and had a fixed place of abode at 1002, Hicons Residency, 26th Road, Opp. St. Theresa High School, Bandra (West), Mumbai 400050. It is also stated that the deceased died intestate, without leaving behind any testamentary writing or Will. 4.

In paragraph 4 of the petition, the Petitioner has given details of the surviving legal heirs of the deceased. It is stated that parents and grand parents of Laxmi

36 738-26.DOC the deceased have predeceased to him.

5.

The petition also annexes the consent affidavits dated 8th May 2026 of Mr. Faiz Furqan Abdullah and Sara Abdullah D/o Mohammed Furqan, who has given their no objection to the grant of legal heirship certificate in favour of the Petitioner, without service of proclamation/citation/notice upon them and have accorded their full and free consent to the same. 6.

It is stated that the legal heirship certificate is required to transfer of the property particularly mentioned in the 'schedule of Asset' and to recognize the Petitioner and other legal heirs as the legal heirs of the deceased and enter their names as the legal heirs of the deceased in all the official records. 7.

It is stated that no other petition for heirship certificate, succession certificate, probate or letters of administration with or without Will have been filed. There is, therefore no impediment to the grant of the relief. 8.

In view of the material placed on record, the Petition is accepted and proclamation is dispensed with and the petition is allowed in terms of prayer clause (a) which reads thus:

"a This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that 1) Iffat Furqan Abdullah (widow), 2) Faiz Furqan Abdullah (son) 3) Sara Abdullah D/o Mohammed Furqan (daughter) are the only surviving Legal Heirs of the deceased, i.e. Mohammed Furqan Abdullah." .

9.

Petition is disposed of in terms of the above order with no order as to costs.

(AARTI SATHE, J.) Laxmi