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10th February 2021

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 20 OF 2021

Rana Siraj Ahmed Shaikh

…Petitioner

And

Siraj Ahmed alias Siraj Ahmed Mohammed Idris

alias Siraj Ahmed Shaikh

…Defendant

Mr Prabhu Velar, for the Petitioner.

CORAM:

G.S. PATEL, J

DATED:

10th February 2021

PC:-

1.

Accepted. Proclamation is dispensed with.

2.

The Petition is under Section 2 of the Bombay Regulation VIII

of 1827. It seeks an Heirship Certificate in respect of one Siraj Ahmed

alias Siraj Ahmed Mohammed Idris alias Siraj Ahmed Shaikh. He

died in Mumbai, where he was an ordinarily resident, on 29th August

2017. A copy of his Death Certificate is annexed.

3.

No Will of the deceased is found.

4.

The deceased was survived by the seven heirs shown in the

table below paragraph 4. All are governed by a Sunni Muslim Law.

Atul G.

Kulkarni

Digitally signed

by Atul G.

Kulkarni

Date: 2021.02.11

10:59:48 +0530

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10th February 2021

5.

The heirs are the widow, four sons, and two minor daughters.

6.

The Petitioner is the widow. The adult heirs have filed consent

affidavits. The mother herself has filed a consent affidavit on behalf

of the two minors, in her capacity as their mother and natural

guardian.

7.

The legal Heirship Certificate is required for production before

certain authorities to transfer a saw-mill license which stood in the

name of the deceased.

8.

No other Petition for an Heirship Certificate, Succession

Certificate, Probate, or Letters of Administration with or without

Will annexed has been filed. There is no impediment to the grant of

relief.

9.

The prayer seeks a condonation of delay and a waiver of the

justifying surety of the two minor daughters. In view of the consent,

I will allow the petition in its entirety.

10.

It is made absolute in terms of prayer clauses (a), (b), and (c).

11.

This order will be digitally signed by the Private Secretary of

this Court. All concerned will act on production of a digitally signed

copy of this order.

(G. S. PATEL, J)