Rishiraj Rajesh Salve v. Rajesh Fakira Salve (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.45 OF 2017 Rishiraj Rajesh Salve ....Petitioner Vs.

Rajesh Fakira Salve ....Deceased ---- Mr. Prabhu Velar for petitioner.

Mrs. Rajeshree Rajesh Salve, mother of petitioner present in person. ---- CORAM : K.R.SHRIRAM, J.

DATE : 5th APRIL, 2017 P.C.:

Accepted. The petitioner is one of the legal heirs of the deceased - Rajesh Fakira Salve. The other legal heirs have consented. Hence, issuance of proclamation is dispensed with and miscellaneous petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner seeks Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, in respect of late Rajesh Fakira Salve, who is said to have died intestate on 13th January, 2011 in Mumbai, where he was ordinarily resident. A copy of the death certificate is also annexed to the petition.

The deceased was survived by his widow, two daughters and one son. Their names are mentioned in the tabulation below paragraph 4

2/3 of the petition. All the legal heirs have consented to the grant of the Legal Heirship Certificate. The widow of the deceased and mother of the petitioner is present in court and confirms that she has also accorded her consent.

During his lifetime, the deceased was working in BMC (Brihanmumbai Municipal Corporation) as Kamgar in Maintenance Deparment, T - Ward, Mulund (West), Mumbai - 400 078. This court by an order dated 31st August, 2015 in Testamentary Petition No.363 of 2012 (not Testamentary Petition No.636 of 2012 as mentioned in paragraph 14 of the petition) has issued Succession Certificate based on which the widow of the deceased is also drawing pension. The Legal Heirship Certificate is required to enable the son of the deceased - Rishiraj Rajesh Salve to obtain job in Brihanmumbai Municipal Corporation on compassionate ground in place of the deceased.

It is stated in the petition that no other petition for Legal Heirship Certificate has been filed. Since Succession Certificate has already been issued, I do not find any impediment to the grant of the relief as sought.

The petition is made absolute in terms of prayer clause - (a) in favour of the persons mentioned in the tabulation below paragraph 4 of the

3/3 petition, viz., (1) Rajeshree Rajesh Salve, (2) Rasika Rajesh Salve,

(3) Rishiraj Rajesh Salve and (4) Ritika Rajesh Salve. All concerned to act on an authenticated copy of this order. (K.R. SHRIRAM, J.)