Manoj Ramanunni S/O. M.K. Ramanunni v. Nandini Manoj W/O. Manoj Ramanunni - Deceased
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 65 OF 2022 Manoj Ramanunni S/o. Late M.K. Ramanunni ...
Petitioner And Nandini Manoj W/o. Manoj Ramanunni ... Deceased Mr. Manoj Mane for the Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 13th OCTOBER, 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 Nandini Manoj, who expired at Mumbai on 01.08.2020. A copy of the death certificate is at Exhibit A to the Petition. The deceased was survived by the Petitioner who is husband of the deceased as well as by two sons of the deceased. The particulars of the legal heirs of the deceased and their relationship with the deceased are mentioned in tabular form at paragraph 4 of the Petition. Save and except those mentioned therein, there are no other legal heirs and next of 1/3
kins left by the deceased.
In paragraph 9 of the Petition it is stated that the Legal Heirship Certificate is required to be produced before the concerned Village Officer at the address mentioned in paragraph 9 which is in Kerala State in order to transfer 50% Ownership right, title and interest of the deceased in respect of the subject flat mentioned therein along with the right to use car parking space in the name of the Petitioner, being the husband of the deceased and two sons of the deceased as well as to produce before the other Government/Semi-Government Authorities/ Land Revenue Authorities and Banks to recognize that the Petitioner and the two sons of the deceased, are the only legal representatives of the deceased. The other legal heirs of the deceased have filed their consent affidavits wherein they have given their full and free consent for the Legal Heirship Certificate to be granted to the Petitioner without serving any proclamation upon them and without justifying surety for their share in the property left by the deceased.
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. 2/3
The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(a) "That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 certifying that (1) Manoj Ramanunni S/o Late M.K. Ramanunni (Husband of the Deceased and Petitioner herein), (2) Advaith Manoj Menon (Son of the Deceased abovenamed) and (3) Dhruv Manoj Menon (Son of the Deceased abovenamed), are the only heirs and Legal Representatives of the Deceased."
Proclamation is dispensed with.
Miscellaneous Petition is accordingly disposed of.No order as to costs.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.10.17 11:40:50 +0530 WAISHALI SUSHIL WAGHMARE 3/3