Pravin Manohar Prabhu v. Manohar Prabhu (Deceased)

MUGDHA M PARANJAPE 1 10-MPT 167-23.doc MUGDHA M PARANJAPE Date: 2023.04.26 10:12:33 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.167 OF 2023 Manohar Prabhu ... Deceased Pravin Manohar Prabhu Through SPOA Harsha Samant ... Petitioner ----- Mr. D. R. Talankar for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

25TH APRIL 2023 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 one Manohar Ramchandra Prabhu ('the deceased'), who died on 21/08/2021. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.

The Petitioner is the only legal heir and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death.

2 10-MPT 167-23.doc 3.

The reason, for which the Legal Heirship Certificate is required, is set out in paragraph 9 of the Miscellaneous Petition. 4.

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. 5.

I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- " a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner is the only heir and legal representatives of the deceased." 7.

In view of the fact that the Petitioner is the only legal heir of the deceased, the issuance of proclamation is dispensed with.

3 10-MPT 167-23.doc 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)