1 23-MPT 140-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.140 OF 2022

Firoz Mohammed Yasin Tanwar

… Deceased

Shamim Banu Firoz Mohammed Tanwar

… Petitioner

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Mr. Pravin V. Kamble for the Petitioner.

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CORAM :

ARIF S. DOCTOR, J.

DATE :

05TH DECEMBER 2022

P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under

the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of

deceased Firoz Mohammed Yasin Tanwar (‘the said deceased’), who is said to

have died intestate on 13/01/2021. A copy of the death certificate of Firoz

Mohammed Yasin Tanwar is also annexed to the Miscellaneous Petition. The

said deceased is stated to have been the resident of Mumbai.

2.

The Legal Heirship Certificate is required for the purpose of

producing the same before Company, viz., E-Factor Entertainment (P) Limited,

having corporate office at A-49, Sector-67, Noida (UP) – 201 301 and

registered office at 101-A, Kundan Kutir, Hari Nagar, Ashram, New Delhi – 110

Mugdha

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MUGDHA M

PARANJAPE

Digitally

signed by

MUGDHA M

PARANJAPE

Date:

2022.12.05

17:51:32

+0530

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014, in order to receive the balance amount of Rs.7,33,565/- towards the

service dues of the said deceased. The said deceased left behind him surviving

as his only heirs and next of kin according to Muslim Personal Law (Shariat)

Application Act, 1937, by which he was governed the following persons, who

are residing at the following address :-

Sr.

No.

Name and address of the legal heirs of the deceased Age

Relationship with

deceased

1.

Shamim Banu Firoz Mohammed Tanwar

Flat No.C/803, Aaradhya One, Pestom Sagar Road

No.1, G. M. Road, Near H. P. Petrol Pump, Amar

Mahal, Chembur, Mumbai 400089.

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Widow of the

deceased and the

Petitioner herein.

2.

Yasmin Firoz Mohammed Tanwar

Flat No.C/803, Aaradhya One, Pestom Sagar Road

No.1, G. M. Road, Near H. P. Petrol Pump, Amar

Mahal, Chembur, Mumbai 400089.

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Daughter of the

deceased

3.

Misba Firoz Mohammed Tanwar

Flat No.C/803, Aaradhya One, Pestom Sagar Road

No.1, G. M. Road, Near H. P. Petrol Pump, Amar

Mahal, Chembur, Mumbai 400089.

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Minor Daughter of

the deceased

3.

No other Petition for Legal Heirship Certificate, Succession

Certificate, Probate or Letters of Administration with or without Will annexed

has been filed. Therefore, there is no impediment in law to the grant of relief.

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4.

The Miscellaneous Petition is therefore made absolute in terms of

prayer clause (a) of the Miscellaneous Petition, which reads as under :-

“(a)

That a Legal Heirship Certificate be issued under

the provision of Bombay Regulation Act VIII of 1827

certifying that (1) Shamim Banu Firoz Mohammed

Tanwar, (the Widow of the Deceased and the Petitioner

herein), (2) Yasmin Firoz Mohammed Tanwar (the

Daughter of the Deceased) and (3) Misba Firoz

Mohammed Tanwar (the Minor Daughter of the

Deceased) are the only heirs and legal representatives of

the Deceased abovenamed ”

5.

The Registry shall issue the Legal Heirship Certificate in the name

of the above persons in the standard format prescribed for the same.

6.

Miscellaneous Petition is accordingly disposed of. No order as to

costs.

7.

All concerned to act on the authenticated copy of this order.

(ARIF S. DOCTOR, J.)

Mugdha

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