Shubhangi Ashok Bankar v. Chandrakala Ashok Bankar (Deceased)

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 86 OF 2018 Chandrakala Ashok Bankar ...Deceased And Shubhangi Ashok Bankar

...Petitioner

Mr SB Sharma, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

Accepted.

2.

There are only two heirs. One is the Petitioner. The other has consented. Hence, issuance of proclamation dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal.

3.

Both the Petitioner and the other heir are personally present in Court.

4.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Chandrakala Ashok Bankar, who is said to have died intestate in

Mumbai, where she was ordinarily resident, on 24th April 2016. A copy of her death certificate is annexed.

5.

During her lifetime, Chandrakala lived at Room No.34, Building No.2, RC Marg, MSEB Koyana Colony, Chembur, Mumbai 400 074. Chandrakala was survived by her two daughters, Shubhangi who is the Petitioner and is unmarried and by Hemangi Prakash Shirwale, the elder daughter who is married. Chandrakala's husband, parents, grandparents and parents-in-law died before her. There are no other heirs. Chandrakala's husband Ashok died on 11th October 1190. A copy of his death certificate is also annexed. 6.

During her lifetime the deceased worked as a Peon with MSEB. The heirship certificate is required for applying for employment on compassionate grounds. The MSEB has required the production of an heirship certificate. Some of the correspondence is annexed.

7.

The other heir, Hemangi, has consented. There is no impediment to the grant of relief. No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed.

8.

The Petition is made absolute in terms of prayer clause (a) in favour of all the legal heirs mentioned in the Petition. Heirship Certificate be issued expeditiously.

9.

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

10. Drawn up order dispensed with.

(G. S. PATEL, J)