Valiben Mavji Boricha v. Mavji Bechar Boricha

14-MPT21-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 21 OF 2015 Valiben Mavji Boricha

...Petitioner

And Mavji Bechar Boricha ...Deceased Mr. Vikram V. Pai, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

22nd March 2016 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Mavji Bechar Boricha, who is said to have died intestate in Mumbai, where he was ordinarily resident, 21st October 2015. A copy of his death certificate is annexed. The deceased was survived by his heirs whose names are mentioned in paragraph 4 of the petition.

2.

During his lifetime, the deceased worked as a Sweeper with the Maharashtra Labour Welfare Board.

3.

A proclamation has been issued. An Affidavit proving proclamation is on file. None have come forward. All the heirs have

14-MPT21-15.DOC granted consent. The Consent Affidavits of the three heirs are on record as Exhibit "B", Exhibit "B1" and Exhibit "B2".

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 terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Arvind Mavji Boricha, Pushpa Mohan Rathod and Ashwin Mavji Boricha.

6.

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