Philip Lazar v. Nahemiah Lazar (Deceased)

910-MPT31-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 31 OF 2018 Philip Lazar

...Petitioner

And Nahemiah Lazar ...Deceased Mr SU Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

20th April 2018 PC:- 1.

Accepted. All the heirs have filed their Consent Affidavits. Hence, proclamation dispensed with. The Petition is taken up forthwith 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 one Nehemiah Lazar, who is said to have died intestate in Tamil Nadu on 24th November 2014. A copy of his death certificate is annexed. The deceased was survived by two sons and two married daughters. The Petitioner is one of the two sons. Their names are mentioned below paragraph 4 of the petition. The wife of the deceased predeceased him. 20th April 2018

910-MPT31-18.DOC 3.

The Legal Heirship Certificate is required for production before various banks and Government Authorities. 4.

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) in favour of the persons mentioned in the table below paragraph 4, namely, Mr Almessiah Lazar, Mr Philip Lazar, Mrs Martha Lazar and Mrs Jemima Lazar.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 20th April 2018