Rohini Ashok Gade v. Ashok Ananda Gade (Deceased)

23-MPT132-14.DOC Agk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 132 OF 2014 Rohini Ashok Gade

...Petitioner

And Ashok Ananda Gade ...Deceased Mr. Prabhu Velar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

16th February 2015 PC:- 1.

The Petitioner is the widow of one Ashok Ananda Gade, who died at Mumbai on 4th April 2013. His death certificate is annexed to the Petition. The deceased ordinarily resided at Mulund, Mumbai. He was survived by his widow and three sons and his mother. The heirs of the deceased are mentioned in paragraph 4 of the Petition.

2.

The deceased was employed with the Thane Mahanagar Palika as a permanent employee, being a cleaning worker, having Identity Card No. 06433. There are certain service dues that are owing to the estate of the deceased. Further the Petitioner has applied for employment with the Thane Mahanagar Palika on

23-MPT132-14.DOC compassionate ground. The deceased left no Will or other testamentary instrument and died intestate. No other application has been made for the grant of a succession certificate, Letters of Administration or probate or for a heirship certificate. There is no impediment to the grant of relief sought.

3.

The Petition is made absolute in terms of prayer clauses (a) and (b), which read as follows:

(a) That legal heirship certificate thereby certifying the Petitioner, i.e., Rohini Ashok Gade and (1) Ratnabai Ananda Gade, (2) Ashish Ashok Gade, (3) Akash Ashok Gade, (4) Ashwin Ashok Gade and (5) Rohini Ashok Gade be recognised as legal heirs and representatives of the deceased be granted to the Petitioner.

(b) For such further and other reliefs as the nature and circumstances of the case my require.

4.

All concerned to act on an authenticated copy of this order. Certified copy expedited.

(G. S. PATEL, J.)