Kishkinda Chandrakant Khade v. Chandrakant Mahadev Khade (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEIOUS PETITION NO. 50 OF 2017 Late Chandrakant Mahadev Khade alias Chandrakant Mahadeo Khade .. Deceased Kishkinda Chandrakant Khade .. Petitioner Mr.C.M. Lokeshappa for petitioner.

CORAM : K.R.SHRIRAM, J.

DATE : 12TH APRIL, 2017 P.C.

Accepted.

The petitioner is the widow of the deceased Chandrakant Mahadev Khade alias Chandrakant Mahadeo Khade, who died on 12th October 2014. The only other legal heir is the minor daughter-Janhavi aged 3 years. The parents of the deceased have predeceased the deceased. Hence, issuance of proclamation is dispensed with.

The miscellaneous petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner is seeking a Legal Heirship Certificate under Section 2 1/3

of the Bombay Regulation Act VIII of 1827 in respect of the deceased Chandrakant Mahadev Khade alias Chandrakant Mahadeo Khade, who died intestate on 12th October 2014 at Mumbai where he was ordinarily resident. A copy of the Death Certificate is at Exh.'A' to the petition. During his lifetime, the deceased was working as a Cobbler and was holding Cobbler Stall License bearing No.2303 (795304705) issued by the Municipal Corporation of Greater Mumbai. The petitioner require this Legal Heirship Certificate to get the said Cobbler Stall License transferred in the name of the petitioner.

It is also stated in the petition that the petitioner has made no other application to any District Court or District Delegate or to any High Court for Probate of any Will of the said deceased or for letter of administration with or without Will annexed thereto or for Succession Certificate to the property and credits of the deceased in the abovenamed. I find no impediment to the grant of reliefs as sought. The petition is made absolute in terms of prayer clause (a). Heirship certificate be granted in favour of Kishkinda Chandrakant Khade and Janhavi Chandrakant Khade.

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The petition disposed accordingly.

All concerned to act on a copy of this order authenticated by Associate of the Court.

(K.R. SHRIRAM, J.) 3/3