Bombay High Court
Shaheen Akhtar Abul Imtiyaz Shaikh And 4 ... vs Abul Imtiyaz Shaikh Son Of Hafiz Mumtaz ... on 8 July, 2019
Author: A.K. Menon
Bench: A.K. Menon
10-MPT-101-18.doc
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.101 OF 2018
Shaheen Akhtar Abul Imtiyaz Shaikh and Ors. .... Petitioners
Abul Imtiyaz Shaikh S/o. Hafiz Mumtaz
Ahmed Shaikh Sunni .... Deceased
Mr. Sandeep Dhangar, I/by Mr. Jayesh Vyas, for the Petitioners.
CORAM : A.K. MENON, J.
DATED : 8 TH JULY, 2019.
P.C. :
1. Heard learned counsel for the petitioners.
2. On 1st July 2019, compliance of earlier orders was noted; however, the report of the Registry as to the claims, if any, received pursuant to publication of proclamation was awaited. The Registry has since confirmed vide report dated 6th July 2019 that no affidavit-in-reply or claim has been received. The petition is, therefore taken up for final disposal.
3. This miscellaneous petition seeks issuance of Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of the 1/3 ::: Uploaded on - 10/07/2019 ::: Downloaded on - 10/07/2019 23:05:37 ::: 10-MPT-101-18.doc deceased - Abul Imtiyaz Shaikh. The petitioners are the legal heirs of the deceased. The deceased is said to have been survived by the persons listed in paragraph No.2(a) of the petition. The persons listed at items Nos.3, 4, 5, 6 and 7 are the petitioners, being the wife and four children of the deceased.
The proclamation dated 24th November 2018 was served by substituted service, since the Bailiff's report annexed to the affidavit dated 9 th January 2019 filed by the Bailiff of the Sheriff of Bombay and petitioner No.1. reveals that both the parents were residing at an address which does not now exist, since the building has been demolished. Enquiries made with the neighbours, has not revealed the current whereabouts of the parents of the deceased. In that view of the matter, this court has, vide order dated 15 th April 2019, caused the proclamation to be published in the two newspapers. The affidavits-of-service of notice by publication dated 5 th April 2019 and 4th June 2019 are on record. The said parents of the deceased are absent on call. No claim has been filed with the Registry, as certified by the Additional Prothonotary and Senior Master of this court.
4. The learned counsel for the petitioners submits that the Legal Heirship Certificate is required to be submitted to the Slum Rehabilitation Authority in order to claim the entitlement of the deceased to the premises, pursuant to communication dated 24th July 2017 received from the Deputy Collector, Western Suburbs, Slum Rehabilitation Authority, Mumbai, a copy of which is 2/3 ::: Uploaded on - 10/07/2019 ::: Downloaded on - 10/07/2019 23:05:37 ::: 10-MPT-101-18.doc annexed as 'Exhibit-P' to the petition. Since no claim has been received, despite proclamation being published, I see no reason to decline this petition.
5. Accordingly, I pass the following order;
(a) Miscellaneous petition is allowed in terms of prayer clause (a).
(b) It is made clear that the entitlement to the premises, if any, is a matter between the Slum Rehabilitation Authority and the petitioners and this order does not in any way examine that entitlement.
(c) The miscellaneous petition stands disposed in the above terms.
(A.K. MENON, J.) 3/3 ::: Uploaded on - 10/07/2019 ::: Downloaded on - 10/07/2019 23:05:37 :::