Raghunath Shankar Dharmadhikari v. Sunanda Raghunath Dharmadhikari (Deceased)

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.08.01 19:42:03 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.44 OF 2022 Raghunath Shankar Dharmadhikar

...Petitioner

And Sunanda Raghunath Dharmadhikari ...Deceased ------- Mr. Akash Warang for Petitioner.

-------

CORAM

:

R. I. CHAGLA, J.

DATED :

29th JULY, 2022.

P.C.

1.

Heard learned counsel for the Petitioner.

2.

By the present Petition, the Petitioner seeks a Legal Heirship Certifcate under Section 2 of the Bombay Regulation Act, VIII of 1827, in respect of the deceased-Sunanda Raghunath Dharmadhikari, who expired in Mumbai on 24th October 2020. A copy of the death certifcate is annexed at Exhibit-A to the Petition. 3.

The Petitioner is the only surviving legal heir of the deceased, being the husband of the deceased. The particulars of the Petitioner are mentioned in the tabular form in para 6 of the Petition. Save and except the Petitioner, there are no other legal

heirs surviving of the deceased.

4.

It is stated in para 13 and 17 of the Petition that the Legal Heirship Certifcate is required by the Petitioner to obtain rights to the residential fats which belonging to the deceased and particulars of which are mentioned in para 13 of the Petition as well as the documents pertaining to the said fat including maintenance bill, rent receipt and allotment letter as well as electricity bill and share certifcates which have been annexed to the Petition. 5.

The Petitioner, being the only surviving legal heir of the deceased, there is no question of consent of any other heirs required. 6.

No other Petition for Heirship Certifcate, Succession Certifcate, Probate or Letters of Administration with or without will annexed has been fled. There is no impediment to the grant of relief. 7.

The Petition is accepted and made absolute in terms of prayer clause (a) which read thus:- "(a). This Hon'ble Court be pleased to condone the delay in fling present Petition, if any."l 8.

Issuance of proclamation is dispensed with.

9.

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

10.

This order will be digitally signed by the Personal Assistant/Private Secretary of this Court. All concerned will act on (R. I. CHAGLA, J.)