Shrikant Ramsahay Shukla v. Kamalaprasad Dubari Shukla (Deceased)

25_MPT_385_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 385 OF 2023 Shrikant Ramsahay Shukla ...

Petitioner Kamlaprasad Dubari Shukla ...

Deceased Ms. Rachana Karad for petitioner.

CORAM : MANISH PITALE, J.

DATE :

15th MARCH, 2024 P.C. :

.

This petition was adjourned on 15.02.2024 and the petitioner was directed to produce copy of death certificate of the brother of the deceased. The learned counsel for the petitioner has tendered a copy of the death certificate of the brother of the deceased. The same is taken on record and marked 'X'.

2.

In the present petition, the petitioner seeks legal heirship certificate in his favour as the only surviving legal heir of the deceased. It is stated that the deceased was the uncle of the petitioner. He died on 18.02.2013 and he was resident of Azamgad (Uttar Pradesh). It is specifically submitted that since the immovable property described in paragraph No.9 is situated within the jurisdiction of this Court, the petitioner is constrained to approach this Court for issuance of legal heirship certificate. 3.

It is further stated by the learned counsel for the petitioner that the deceased died intestate. The wife of the deceased pre-deceased the deceased, having expired on 11.08.2007. Copy of her death certificate is also annexed to the petition. It is specifically stated that the deceased and by PRIYA KAMBLI Date:

2024.03.16 10:39:12 +0530 PRIYA KAMBLI 1/2

25_MPT_385_23.doc his wife did not have any issue from their marriage. 4.

It is further submitted that the deceased had only one brother i.e. the father of the petitioner herein. It is specifically stated that the said brother of the deceased expired on 28.02.1983. Copy of his death certificate is already taken on record and marked 'X'.

5.

It is also specifically stated that the mother of the deceased expired in the year 1951. On this basis, it is submitted that the petitioner being the nephew of the deceased, is the only surviving legal heir. 6.

It is further stated that the legal heirship certificate is required in the context of the properties left behind by the deceased, including the aforesaid property lying within the jurisdiction of this Court. 7.

Having perused the material on record, the petition is accepted and proclamation is dispensed with.

8.

The petition is allowed in terms of prayer clause (a), which reads as follows:

(a) That this Hon'ble Court be pleased to grant and issue a Legal Heirship Certificate, certifying that the Petitioner viz. SHRI SHRIKANT RAMSAHAY SHUKLA, being Nephew of the deceased be recognized as the only legal heir and legal representative of the deceased, under the provisions of the Bombay Regulation VIII of 1827."

(MANISH PITALE, J.) Priya Kambli 2/2