Shriprakash L. Nagandhi (Bhatia) v. Mahesh Laxmidas Negandhi (Bhatia) And 4 ORS

923-MPT-62-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.62 OF 2016 Laxmidas Bhatia (Negandhi) ...Deceased And Shriprakash Laxmidas Bhatia (Negandhi)

...Petitioner

Mrs. Pornima K Kaluse, for the Petitioner.

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 Laxmidas M. Bhatia (Negandhi), who is said to have died intestate in Mumbai, where he was ordinarily resident, on 17th July 2011. A copy of his death certificate is annexed.

3.

The deceased was survived by six heirs, viz., three sons and three daughters. The Petitioner is one of the sons of the deceased. The other heirs have consented. Their consent Affidavits are 29th July 2016

923-MPT-62-2016.DOC annexed from 16 to 26. Their names are mentioned in the tabulation below paragraph 4 of the petition.

4.

The Legal Heirship Certificate is required in respect of a certain room / premises that were allotted or to be allotted to the deceased in a Slum Rehabilitation Scheme.

5.

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.

6.

The petition is made absolute in favour of all the heirs in terms of prayer clause (a), which reads thus: (a) This Hon'

ble Court be please to issue the Heir Ship Certificate in favour of the Petitioner and other Legal Heirs mentioned in Paragraph No.2 under Section 2 of the Bombay Regulation VIII of 1827.

7.

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