Mrs Smita Mahesh Gothivrekar(Maiden Name Ms. Smita Vaman Amonkar) v. Mr Vaman Baburao Amonkar (Deceased)

9-MPT115-15.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 105 OF 2015 Smita Mahesh Gothivrekar (Maiden Name: Smita Vaman Amonkar)

...Petitioner

And Vaman Baburao Amonkar ...Deceased Mr. Rajendramegh, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

10th June 2016 PC:- 1.

A proclamation has been issued. Affidavit of Service is on record.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Vaman Baburao Amonkar, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 27th September 2001. A copy of his death certificate is annexed. The deceased was survived by the persons whose names are set out in a tabulation below paragraph 4 of the Petition.

3.

During his lifetime, the deceased owned Flat No. B-19, The Central Bank of India Bombay State Co-operative Housing Society 10th June 2016

9-MPT115-15.DOC Ltd., "Sahayog", Dadabhai Nauroji Road, Andheri (West), Mumbai 400 058. The Legal Heirship Certificate is required for the purposes of enrolling the legal heirs as members of the Society in respect of this flat.

4.

All the heirs have granted consent. No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.

5.

The petition is made absolute in terms of prayer clause (a), which reads thus:

"(a) The Petitioner be granted legal heirship certificate along with her brother: Mr. Pramod Vaman Amonkar and sister-in-law Mrs Rohnini Prashant Amonkar widow of Late Prashant Vaman Amonkar certifying them as the legal heirs of the deceased Vaman Baburao Amonkar."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 10th June 2016