Rahul Rajendra Mathure v. Rajendra Kamlakar Mathure (Deceased)

16.MPT.69.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 69 OF 2022 Rahul Rajendra Mathure ...

Petitioner And Rajendra Kamlakar Mathure ... Deceased Mr. Uttam S. Rane a/w Rajesh Kumar Shukla i/b Dilip Dake for the Petitioner.

CORAM : R.I. CHAGLA, J.

DATED : 17th NOVEMBER, 2022.

ORDER :

By the present Petition, the Petitioner seeks a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of the deceased Rajendra Kamlakar Mathure who expired at Mumbai on 18.02.2015. A copy of the death certificate is at Exhibit-A to the Petition.

The deceased was survived by the Petitioner who is the son of the deceased and the only surviving legal heir. It is stated that the Legal Heirship Certificate is required by Waghmare 1/2

16.MPT.69.22.doc the Petitioner for getting the job on the compassionate ground in place of the deceased with the Mumbai Municipal Corporation. Considering that the Petitioner is the only surviving legal heir of the deceased, there is no question of consent of any other heirs being required in the present case.

No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. Therefore, I do not find any impediment in granting the relief sought for in the present Petition. The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(a) "That the legal heirship certificate certifying that, Shri. Rahul Rajendra Mathure i.e. the Petitioner, is the only heir and legal representative of the deceased late Shri. Rajendra Kamlakar Mathure, under the provision of section 2 of Bombay Regulation Act, VIII of 1827;" Proclamation is dispensed with.

Miscellaneous Petition is accordingly disposed of.No order as to costs.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.11.19 15:38:10 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE Waghmare 2/2