MR IMTIYAZ MOHD MUSA SHAIKH SON OF MUSA SHAIKH v. MUMTAZ MOHD. MUSA SHAIKH DECEASED
MPT/783/2025 · 2025-11-04
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76394 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76394 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
P14. MPT-783-25.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 783 OF 2025 Mumtaz Musa Shaikh .. Deceased Imtiyaz Mohd. Musa Shaikh .. Petitioner .................... Mr. V.N. Mishra, Advocate for Petitioner ...................
CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 4, 2025 P. C.
:
1. Not on board. Mentioned by way of filing a praecipe dated
04.11.2025.
2. Heard Mr. Mishra, learned Advocate for Petitioner.
3. Mr. Mishra would draw my attention to the order dated 08.10.2025 and submit that the directions contained in the said order are complied with and all office objections have been removed.
4. Copy of the Petition is placed before me along with copy of the praecipe.
5. 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 abovenamed. Deceased is survived by her brother and married sister whose names and details are given in paragraph No. 4 of the Petition. They are 1 of 2
P14. MPT-783-25.docx governed by Muslim Personal Law (Shariat) Application Act, 1937. It is stated that other legal heirs have predeceased the deceased. Their details are mentioned in the Petition duly supported by annexures thereto. Petitioner is the younger brother of the deceased. Consent of the married sister Fatima is appended to the Petition. It is dated
05.1.2024.
6. In view of the above, there can be no impediment in allowing the Petition. Hence, Misc. Petition is allowed and disposed of in terms of prayer clauses (a), (b) and (c) which read thus:-
"a) This Hon'ble Court be pleased to condone the delay in filing present Petition. b) That a legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Imtiyaz Mohd. Musa Shaikh s/o. Muza Shaikh, younger brother and petitioner above named (2) Fatima Teju Shaikh (Nee: Fatima D/o Musa Shaikh) the married sister of the deceased are the only legal heirs and legal representatives of Deceased above named. c) That issuance of Proclamation be dispensed with."
7. Issuance of proclamation stands dispensed with.
8. Department is directed to issue the legal heirship certificate as
directed above within a period of 2 weeks from today positively.
9. Misc. Petition is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2025.11.04 18:14:44 +0530