Dr. Rahul Rajendra Navalkar v. Rajendra Ravindra Navalkar (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 111 OF 2022 Dr. Rahul Rajendra Navalkar ...
Petitioner And Rajendra Ravindra Navalkar ... Deceased Mr. Rajesh R. Kamble for the Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 13th OCTOBER, 2022.
ORDER :
By the present Petition, the Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation Act VIII of 1827 in respect of the deceased Rajendra Ravindra Navalkar, who expired at Mumbai on or about 22.11.2020. A copy of death certificate is at ExhibitA to the Petition. The deceased was survived by the Petitioner, who is son of the deceased as well as by widow of deceased and married daughter of the decease. Particulars are provided in tabular form at paragraph 4 of the Petition. Save and except those mentioned, there are no other legal heirs and next of kins survived of the deceased. It is stated in paragraph 8 1/3
of the Petition that the Legal Heirship Certificate is required for the Petitioners to produce before the concerned authorities of Sea View Cooperative Housing Society Limited, situated at Plot No.6, 14th A Road, Ahimsa Marg, Khar (W), Mumbai 400 052 as well as to be produced before the Municipal Corporation of Mumbai and other Government bodies as well as Semi Government bodies for completion of legal formalities to enter the name of the Petitioner as legal heir of the deceased in all official records as required by the authorities.
The other legal heirs of the deceased have filed their Consent Affidavits wherein they have given their full and free consent for the Legal Heirship Certificate to be granted in favour of the Petitioner without justifying their share in the estate of the deceased and waiving the service of citation of the Petition to be served upon them. No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed, has been filed. Therefore, I do not find any impediment in granting the relief sought for in the present Petition.
"(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner along with (1) Priya Rajendra Navalkar (2) Dr. Rahul Rajendra Navalkar, the Petitioner abovenamed and (3) Rupa Ravi Bhojwani, the heirs mentioned above in Para 4 are the only heirs and legal representative of the said deceased."
Proclamation is dispensed with.
Miscellaneous Petition is accordingly disposed of.No order as to costs.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.10.17 11:40:09 +0530 WAISHALI SUSHIL WAGHMARE 3/3