Dinesh Ramji Patel v. Jija Ramji Patel (Deceased)
Digitally signed by MUGDHA M PARANJAPE Date:
2022.12.13 16:21:10 +0530 MUGDHA M PARANJAPE 1 14-MPT 187-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.187 OF 2022 Jija Ramji Patel ... Deceased Dinesh Ramji Patel ... Petitioner ----- Ms. Nisha Shah for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
12TH DECEMBER 2022 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 deceased Jija Ramji Patel ('the deceased'), who is said to have died intestate in Mumbai on 21/10/2020. A copy of the death certificate of the deceased is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai.
2.
The Legal Heirship Certificate is required for submitting the same along with the application to be filed with the banks for operating the bank accounts and fixed deposits standing in the name of the deceased.
2 14-MPT 187-22.doc 3.
The said deceased left behind her the following persons as her only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the following address :- Sr.
Full name and address of the next of kins Age Relationship with No.
the deceased a.
Mrs. Leelaben Giridhar Patel Married daughter years Room No.23, Ambaji Waghji Chawl, Ganesh Chowk, Altaf Nagar, Ghatkopar West, Mumbai 400 086.
b.
Mrs. Kastur Pravin Patel Married daughter years Room No.1, Opposite Sanyas Ashram, Near Parmeshwar Dham, Patra Chawl, Rajawadi Road No.07, Ghatkopar East, Mumbai 400 077.
c.
Mr. Dinesh Ramji Patel Son years Room No.10, Bhaveshwar C.H.S., Patel Chawl, (Petitioner herein) Hanuman Nagar, Parksite Road No.1, Beside Sandesh Vidhyalaya Junior College, Vikhroli, Mumbai 4000 079.
d.
Mrs. Bhavna Dhanji Patel Married daughter years 3-13, Bhaveshwar Nagar, Tilak Road, Shiv Mandir, Ghatlopar East, Mumbai 400 077.
e.
Mrs. Maya Ashok Patel Married daughter years Room No.03, Jawahar Nagar, Rajawadi Pipeline, O.N.G.C., Colony Chawl No.-B, Mumbai 400 077.
3 14-MPT 187-22.doc f.
Mrs. Saraswati Jiten Patel Married daughter years B/71, Opposite Shopper Stop, Hanuman Asha Nagar, Pestom Sagar Road No.3, Tilak Nagar, Mumbai 400 089.
g.
Mrs. Jigna Darshan Solanki Married daughter years C-76/002, Sahakardeep CHSL, Shanti Nagar, Sector-09, Mira Road East, Thane 401107.
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. The consent affidavits of the legal heirs are also placed on record. 5.
The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "a.
An Heirship Certificate certifying that the Petitioner along with the other persons whose names are set out in the table in paragraph 5 above are the only heirs of the Deceased under the provisions of the Bombay Regulation VIII of 1827;" 6.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
4 14-MPT 187-22.doc 7.
Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
8.
All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)