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Bombay High CourtMPT/65/2016disposed off

Nila Ramnik Ruparelia v. Govind Chunnilal Kotak (Deceased)

2016-07-29Hon'Ble Shri Justice G.S. Patel2 pages

926-MPT-65-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.65 OF 2016 Govind Chunnilal Kotak alias Govindji Chunnilal Kotal alias Govind C. Kotak alias G.C. Kotak ...Deceased And Nila Ramnik Ruparelia

...Petitioner

Mrs. Rashmi N. Jani, for the Petitioners.

CORAM: G.S. PATEL, J DATED:

29th July 2016 PC:- 1.

Accepted. All the heirs have consented. Hence proclamation is dispensed with. The Petition is made returnable forthwith and taken up for final hearing and disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Govind Chunnilal Kotak alias Govindji Chunnilal Kotak alias Govind C. Kotak alias G.C. Kotak, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 18th June 1996. A copy of his death certificate is annexed.

3.

The Petitioner is the married daughter of the deceased and is the only legal heir. Her mother, the deceased's widow, died on 31st 29th July 2016

926-MPT-65-2016.DOC July 2001. The heirship certificate is required in relation to a redevelopment of a room of Baijabai Chawl of which deceased was tenant during his life time.

4.

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.

5.

The petition is made absolute in favour of all the heirs in terms of prayer clause (a), which reads thus: (a) That Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1927 be granted to the Petitioners declaring that the Petitioner viz., NILA RAMNIK RUPARELIA nee name NILA GOVINDJI KOTAK, is the legal heir of the deceased Late Govind Chunnilal Kotal alias Govindji Chunnilala Kotak alias Govind C. Kotak alias G.C. Kotak.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 29th July 2016