Leelaben Roopchand Jain v. Roopchand Bhurmal Jain ( Deceased)

911_MPT_73_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 73 OF 2024 Leelaben Roopchand Jain ...

Petitioner Roopchand Bhurmal Jain ...

Deceased Ms. Lata Wadhwani for petitioner.

CORAM : MANISH PITALE, J.

DATE :

25th APRIL, 2024 P.C. :

.

Heard learned counsel for the petitioner. By this petition, the petitioner seeks issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased.

2.

The deceased was the husband of the petitioner. He expired on 27.12.2020. Copy of his death certificate is annexed at Exhibit A. It is stated that at the time of his death, the deceased had a fixed place of abode at Flat No.302, Laxmi Apartment, 54-A, J. P. Road, Andheri (West), Mumbai400053. It is further stated that the deceased died intestate, without leaving behind any testamentary writing or Will.

3.

In paragraph No.4, the petitioner has stated that the deceased is survived by his widow (petitioner herein) and one son. It is further stated that the parents of the deceased pre-deceased him. The only other legal heir i.e. the son of the deceased has given his consent affidavit. This Court has perused the same.

1/2

911_MPT_73_24.doc 4.

The legal heirship certificate is required in the context of shares in the name of the deceased.

5.

In view of the material placed on record, the petition is accepted and proclamation is dispensed with.

6.

The petition is allowed in terms of prayer clause (a), which reads as follows:

"a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Leelaben Roopchand Jain (widow and Petitioner herein) and (2) Rajiv Roopchand Jain (son of the deceased) are the only legal heirs and legal representatives of Deceased abovenamed."

(MANISH PITALE, J.) Priya Kambli 2/2