Neeta Prabhulal Pavani v. Prabhulal Parshotam Pavani (Deceased)

902-MPT36-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 36 OF 2018 Prabhulal P Pavani ...Deceased Neeta P Pavani

...Petitioner

Mr Pradeep R Kadam, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

8th August 2018 PC:- 1.

Accepted. Since the Consent Affidavits of all the other heirs are on record, proclamation dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of her father, Prabhulal Parshotam Pavani, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 4th May 2016. A copy of his death certificate is annexed.

3.

During his lifetime the deceased lived at 1701, Antariksh Apartments, Murar Road, Mulund (West), Mumbai 400 080. 8th August 2018

902-MPT36-18.DOC 4.

The deceased was survived by widow, Geeta Pavani; the Petitioner, Neeta Pavani; the deceased's daughter, Ms Shweta Pavani; and the deceased's and Geeta's son, Nishant Pavani. Geeta, Shweta and Nishant have consented and their Consent Affidavits are at pages 22 and 27 of the Petition. There are no other heirs. 5.

The deceased was the successor to the property of his father situated in the Sultanate of Oman. The heirship certificate is required for production before the authorities in the Sultanate of Oman.

6.

There is no impediment to the grant of relief. No other Petition for probate, letters of administration with or without will annexed, succession certificate or heirship certificate, has been filed. 7.

The Petition is made absolute in terms of prayer clause (a) in favour of all the legal heirs mentioned in the Petition. 8.

Heirship Certificate be issued expeditiously. 9.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 8th August 2018