Sanjay Ramniklal Mehta v. Ramniklal Ratilal Magia @ Ramniklal Ratilal Mehta (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 85 OF 2022 Sanjay Ramniklal Mehta ...
Petitioner And Ramniklal Ratilal Magia alias Ramniklal Ratilal Mehta ... Deceased Mr. Rushikesh Bhagat a/w Prerak A. Sharma i/b Rohit Mahadik 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 Ramniklal Ratilal Magia alias Ramniklal Ratilal Mehta who expired at Mumbai on 22.03.2019. A copy of the death certificate is at Exhibit-A to the Petition. The deceased was survived by the Petitioner who was son of the deceased and another son of the deceased as well as daughter of the deceased whose particulars and relationship with the deceased are mentioned in the tabular form at 1/3
paragraph 6 of the Petition. Save and except the Legal Heirs mentioned therein, the deceased was survived by no other legal heirs. In paragraph 2A of the Petition it is stated that the Petitioner has applied for issuance of Legal Heirship Certificate for certifying the Petitioner and legal heirs mentioned in the Petition as the legal heirs of the deceased and inserting their names in the 7/12 extract before the Tahsildar office as the property has not been transferred in the name of the Petitioner and the other legal heirs due to non availablility of Legal Heirship Certificate.
The other legal heirs of the deceased being the other son and daughter of the deceased have filed their consent affidavits wherein they have given their full and free consent of Legal Heirship Certificate to be granted in favour of the Petitioner and waived service of proclamation and other notice in process of grant of Legal Heirship Certificate in favour of the Petitioner.
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) "This Hon'ble Court may issue the Legal Heirship Certificate thereby certifying the Petitioner i.e. Sanjay Ramniklal Mehta and the legal heirs mentioned in the Petition as recognized legal heirs and representatives of the deceased."
Proclamation is dispensed with.
Miscellaneous Petition is accordingly disposed of.No order as to costs.
Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.10.17 17:40:44 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE 3/3