Naresh Narsoji Alegar v. Narsoji Yankoji Alegar (Deceased)

23-MPT42-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 42 OF 2016 Naresh Narsoji Alegar

...Petitioner

And Narsoji Yankoji Alegar ...Deceased Mrs. Bhatkar Gargi Ravindra, for the Petitioner. CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

Accepted. All the heirs have granted consent. Hence, proclamation is dispensed with. The Petition is made returnable forthwith.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Narsoji Yankoji Alegar, who is said to have died intestate in Mumbai where he was ordinarily resident, on 24th February 2014. A copy of his death certificate is annexed. The deceased was survived by his widow, three sons and a daughter. One of the sons, Naresh, is the Petitioner.

21st June 2016

23-MPT42-16.DOC 3.

The Legal Heirship Certificate is required in relation to an application being made to the MCGM for service on compassionate grounds.

4.

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

5.

The petition is made absolute in terms of prayer clause (a), which reads thus:

"(a) that the legal Heirship Certificate thereby certifying the Petitioner Naresh Narsoji Alegar, and his mother, brother, sister and minor brother Mahesh Narsoji Alegar as recognized Legal Heirs and Representatives of the deceased be granted to the Petitioner."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 21st June 2016