Dr.Vinal Tushar More v. Tushar Yeshwant More ( Deceased)

25-MPT86-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 86 OF 2015 Dr. Vinal Tushar More

...Petitioner

Versus

Tushar Yeshwant More ...Deceased Mr. N.R. Prajapati, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

10th August 2015 PC:- 1.

One Mr. Tushar Yeshwant More died on or about 29th March 2014 near Kamshet, Pune in a road accident. During his lifetime Tushar Yeshwant More was ordinarily resident in Mumbai. He was survived by his widow, the Petitioner, his mother Kusum Yeshwant More, and his son Devashish. There are no other heirs and legal representatives.

2.

Mr. Tushar Yeshwant More died intestate. No Will has been found. His mother has consented to the grant of Heirship Certificate as sought by his widow. An Affidavit dated 6th August 2015 is filed by Davashish, also consenting to the grant of Heirship Certificate but specifying that it is agreed between the parties that it

25-MPT86-15.DOC is he alone who will be entitled to to succeed to the interest of the deceased in Vaishali Kerosene Agency. The Affidavit of Devashish is taken on file.

3.

In view thereof, the proclamation has been dispensed with. There is no impediment to the grant of this Petition. The Petition is made absolute in terms of prayer clause (a), directing the issuance of Heirship Certificate in favour of the Petitioners, Vinal Tushar More, Kusum Yeshwant More and Devashish Tushar More. 4.

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