:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION MISC. MISC. MISC. PETITION NO. PETITION NO. PETITION NO. 41 OF 2008 41 OF 2008 41 OF 2008 Mr. Mohamed Abdul Jabbar Abdul Razzak @ Abdul Jabbar Shaikh. ... Deceased. Mohamed Sharif and Ors. ... Petitioners. Mr. Vora i/b. D.R. Mishra for the Petitioners. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 14TH 14TH 14TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . The Petitioners have applied for issuance of Heirship Certificate. On the last occasion considering the statement made in the Petition and more particularly para 2, the Petitioners were directed to produce necessary proof of the existence of the structure where the deceased was residing. Accordingly, further affidavit is filed by the Petitioners and it is stated that the structure is Room No.13 and with these details about the premises/structure, the deceased was issued a Voters Identity Card way back on 15th October 1995. 2. The proclamation has been issued and the necessary details have been set out in the Petition. None has come forward to oppose the grant of the Heirship Certificate. :2: 3. In these circumstances, the Petition is made absolute in terms of prayer clause (a). 4. However, it is clarified that despite the further affidavit being taken on record and the annexures thereto referred by me, it does not mean that this Court has in any way held that the structure was in existence prior to the cut off date or could be termed as authorised and legal. That issue will be considered independently of the order passed in this Petition and the documents produced alongwith the further affidavit. With this clarification, the Petition is made absolute. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)