Bombay High CourtMPT/91/2021absolute

Avvnish Vijaykumar Bhalla v. Vijaykumar Amarnath Bhalla @ Vijay Kumar Amarnath Bhalla (Deceased)

2021-07-19Hon'Ble Shri Justice K.R. Shriram2 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2021.07.20 16:21:10 +0530 GAURI AMIT GAEKWAD 1/2 36.MPT-91-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.91 OF 2021 Avvnish Vijaykumar Bhalla ....Petitioner V/s.

Vijaykumar Amarnath Bhalla @ Vijay Kumar Amarnath Bhalla ....Deceased ---- Mr. J. S. Kini a/w. Mr. S. G. Mahamuni and Ms. Sapna Krishnappa for petitioner.

---- CORAM : K.R.SHRIRAM, J.

DATED : 19th JULY 2021 P.C. :

Accepted. Issuance of proclamation is dispensed with. Petitioner seeks Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Vijaykumar Amarnath Bhalla @ Vijay Kumar Amarnath Bhalla (deceased), who expired on 11th December 2020. Copy of his death certificate is annexed at Exhibit "A" to the petition.

Petitioner has left behind three legal heirs, viz., his widow Archana Vijaykumar Bhalla, son Avvnish Vijaykumar Bhalla, petitioner herein and another son Monish Vijaykumar Bhalla. The mother of deceased predeceased the deceased. Monish Vijaykumar Bhalla and widow of deceased Archana Vijaykumar Bhalla have filed a joint consent affidavit dated 3rd April 2021. It is also averred in the petition that no other petition Gauri Gaekwad

2/2 36.MPT-91-2021.doc for 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.

The Legal Heirship Certificate is required for the purpose of dealing with the property at Visakhapatnam District, Visakhapatnam Sub Registry, Vepagunta Village and Panchayat Survey No.164/5C Layout Plot No.7 measuring 300 Sq. yds. or 250.840 Sq. mts. The petition is made absolute in terms of prayer clause - (a) in favour of (1) Avvnish Vijaykumar Bhalla; (2) Monish Vijaykumar Bhalla; and (3) Archana Vijaykumar Bhalla.

All to act on authenticated copy of this order. (K.R. SHRIRAM, J.) Gauri Gaekwad