Jaysham Ramrao Pete v. Anandi Pote Alias Anandi Ramrao Pote (Deceased)

908-MPT43-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 43 OF 2018 Jaysham Ramrao Pete

...Petitioner

And Anandi Pote Alias Anandi Ramrao Pote ...Deceased Ms Reshmi Milind Parab, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

19th April 2018 PC:- 1.

Accepted. The Petitioner is the only heir and legal representative of the deceased. 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 Anandi Pote Alias Anandi Ramrao Pote, who is said to have died intestate in Mumbai, on 20th February 2014. A copy of her death certificate is annexed. At the time of death, the deceased lived at Flat No. 6, 4th Floor, Shivshakti CHS, Agar Bazar, Mumbai 400028.

19th April 2018

908-MPT43-18.DOC 3.

According to the Petitioner, the deceased Anandi was unmarried. She had no children. Her parents died before her. Her only relative was her brother, the Petitioner. Thus, the Petitioner is the only surviving legal heir of the deceased. 4.

The Legal Heirship Certificate is required for the purposes of submission to MHADA in regard to Room No. 21-A, 1st Floor, Visawa Building, 141/141A, Bhavani Shankar Road, Dadar (West), Mumbai 400 028 which is a tenanted premises.

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) 19th April 2018