Kashinath Bhimsen Tonekar v. Bhimsen @ Bhmsingh Sabanna Tonekar (Deceased)

Nalawade 6-MPT-3-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETIION NO. 3 OF 2019 Bhimsingh Sabanna Tonekar ...Deceased Kashinath Bhimsen Tonekar

...Petitioner.

Mr. Sanjay Gawde I/by Vijay Kokitkar for the petitioner. CORAM : R.D.DHANUKA, J.

DATE : 06th MARCH, 2019 PC :

1.

By this petition filed under section 2 of the Bombay Regulation VIII of 1827, the petitioner who is son of the said deceased Bhimsen @ Bhimsingh S.Tonekar, who died on 18.2. 2008 seeks heirship certificate. A copy of the death certificate of the said deceased is annexed to the petition.

2.

Pursuant to the order dated 23.1.2019 passed by this court the petitioner had issued proclamation and also filed afÏdavit of service - Page-1/2

Nalawade 6-MPT-3-19.doc with the Prothonotry and Sr. Master of this Court. No objection has been received by the ofÏce or the petitioner pursuant to the said proclamation. In Para 3 of the petition it is stated that deceased died intestate. In para 4 of the petition the name of the petitioner is shown as the only legal heir and representative of the deceased. It is also stated that the parents of the deceased predeceased the deceased. It is stated that deceased has only one son who is the petitioner and save and except the petitioner there are no other legal heirs of the deceased. The widow of the deceased died on 7.4.2011. The statements made in the petition are accepted. The petitioner has made out a case for grant of heirship certificate.

3.

The petition is accordingly made absolute in terms of prayer clause (a) of the petition. OfÏce is directed to issue legal heirship certificate expeditiously. There shall be no order as to costs. ( R.D. DHANUKA, J.) - Page-2/2