Meena Vinod Singh v. Vinod Mahendra Singh (Deceased)

7-mpt24-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.24 OF 2019 Vinod M. Singh ...Deceased Meena V. Singh

...Petitioner

Mr.Shreyas Lavekar for the Petitioner.

CORAM : R.D. DHANUKA, J.

DATE : 6TH FEBRUARY, 2019.

P.C. :- 1.

By this petition filed under under section 2 of the Bombay Regulation Act VIII of 1827, the petitioner who is the widow of the deceased Vinod Mahendra Singh seeks heirship certificate. The said deceased died on 6th March, 2018. A copy of the death certificate is annexed with the petition.

2.

In paragraph 3 of the petition, it is stated that the said deceased died intestate. In paragraph 4, the names of the legal heirs and next of kin of the said deceased as per the provisions of the Hindu Succession Act, 1956 are disclosed. The deceased had no son. It is stated that save and except the names mentioned in paragraph 4 of the petition, there are no other legal heirs and next of kin left by the said deceased. The parents of the deceased are pre1/2

7-mpt24-19.doc deceased the said deceased.

3.

The petitioner has filed the consent affidavit of the daughter giving her free consent for grant of heirship certificate in favour of the petitioner without service of any proclamation / citation or any notice and without justifying the security in respect of her share in the estate of the said deceased. The consent affidavit is taken on record. The statements made in the said affidavit and in the petition are accepted. The proclamation is dispensed with. 4.

The petitioner has made out a case for issuance of heirship certificate as prayed.

5.

The miscellaneous petition is made absolute in terms of prayer clause (A). The office is directed to issue heirship certificate to the petitioner expeditiously.

6.

There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2