Kamu Ramesh Solanki v. Ishwarbhay Narayan Makwana Alias Ishwarbhai Narayan Makwana Alias Ishwar Narayan Makwana (Deceased)

908-MPT44-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 44 OF 2018 Kamu Ramesh Solanki

...Petitioner

And Ishwarbhay Narayan Makwana ...Deceased Mr SU Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

12th April 2018 PC:- 1.

Accepted. There is no surviving legal heir except the Petitioner. Hence, proclamation dispensed with. The Petition is taken up for hearing and final disposal forthwith. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Ishwarbhay Narayan Makwana, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 3rd November 2015. A copy of his death certificate is annexed.

3.

The Petitioner is the sister of the deceased. The parents of the deceased died before him. The deceased had a brother and two sisters. One of the sisters is the Petitioner. The other sister and 12th April 2018

908-MPT44-18.DOC brother have both passed away. Both were unmarried and have no lineal descendants. Their Death Certificates are also annexed to the Petition. The Petitioner is the only legal heir of the deceased. 4.

The Legal Heirship Certificate is required for the submission to the MCGM.

5.

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.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the Petitioner.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 12th April 2018