Rajesh Ramesh Tendolkar v. Uma Ramesh Tendolkar (Deceased)
Digitally signed by MUGDHA M PARANJAPE Date:
2023.03.04 13:55:19 +0530 MUGDHA M PARANJAPE 1 09-MPT 186-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.186 OF 2022 Uma Ramesh Tendolkar ... Deceased Rajesh Ramesh Tendolkar ... Petitioner ----- Mr. Vimal Sanghavi for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
03RD MARCH 2023 P.C. :
1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Uma Ramesh Tendolkar ('the deceased'), who died at Mumbai on 21/12/2019. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.
The persons mentioned in the table in Paragraph 4 are the only legal heirs and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death.
2 09-MPT 186-22.doc 3.
The reason, for which the Legal Heirship Certificate is required, is set out in paragraphs 8 and 11 of the Miscellaneous Petition. 4.
The requisite consent affidavit of the other legal heir is annexed to the Petition.
5.
No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 6.
I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.
7.
The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- " a.
That this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation Act, VIII of 1827, certifying that the Petitioner along with the other legal heir mentioned in paragraph 4 are the only legal heirs and representatives of the (Late) Mrs. Smt. Uma Ramesh Tendolkar;"
3 09-MPT 186-22.doc 8.
In view of the consent affidavit filed on record, the proclamation is dispensed with.
9.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
10.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
(ARIF S. DOCTOR, J.)