JSN 25-MPT.147.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.147 OF 2021

Smt. Tabassum Faiz Malim

…Petitioner

Versus

Mumtaz Mehbook Tahsildar

…Deceased

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Mr. Ashutosh Mishra i/by Mr. Ramesh Pandey for Petitioner.

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CORAM : R. I. CHAGLA, J.

DATE : 14^th JANUARY 2022

(THROUGH V.C.)

P.C.

1.

By this present Petition, the Petitioner seeks Legal

Heirship Certifcate under Section 2 of the Bombay Regulation

Act, VIII of 1827 in respect of the deceased Mumtaz Mehboob

Tahsildar who expired at Mumbai on 27th January, 2019. A

copy of her death certifcate is also annexed to the Petition. The

deceased was survived by the heirs and next of kin mentioned

in the tabular form in paragraph 5 of the Petition. The deceased

had two sons and two daughters mentioned in the tabular form

at paragraph 5 of the Petition. Save and except the legal heirs

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JITENDRA

SHANKAR

NIJASURE

Digitally signed

by JITENDRA

SHANKAR

NIJASURE

Date:

2022.01.18

17:28:22 +0530

JSN 25-MPT.147.2021.doc

mentioned in the tabular form at paragraph 5 there are no

other legal of the deceased mentioned in paragraph 5 of the

Petition. The heirs which are mentioned have given their

consent affdavits which are from pages 15 to 20 of the Petition

and are dated 5th September, 2019.

2.

It is stated that the Legal Heirship Certifcate is

required as the deceased during her life time made an

application to MHADA and on the basis of said application,

MHADA allotted a Flat T.No.4-B/602, by letter dated 6th

December, 1994 in the name of said deceased. The Legal

Heirship Certifcate is required to be produced before the

MHADA Authority for transfer of the said fat in the name of

the Petitioner.

3.

No other Petition for Legal Heirship Certifcate,

Succession Certifcate, Probate or Letters of Administration

with or without Will annexed, has been fled. Therefore, I do no

fnd any impediment in granting the reliefs sought for in the

present Petition.

4.

The Petition is accepted and allowed in terms of

prayer clause (a) which reads thus:-

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JSN 25-MPT.147.2021.doc

“(a) That this Hon’ble Court be pleased to

issue a legal heirship certifcate to the

Petition, under the provision of Bombay

Regulation Act VIII of 1827 certifying that the

Petitioner along with the heirs mention above

in parag 5, are the only heirs and legal

representative of the said deceased.”

5.

Proclamation is dispensed with.

6.

The Petition is accordingly disposed of. No order as

to costs.

[R. I. CHAGLA J.]

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