Asha Ashok Phatak v. Ashok Jagannath Phatak And Malhar Ashok Phatak (Deceased)

12-MPT97-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 97 OF 2015 Asha Ashok Phatak

...Petitioner

And Ashok Jagannath Phatak ...Deceased Ms. Bhagyashri Bailkar, i/b Mr. Harish Pawar, for the Petitioner. CORAM: G.S. PATEL, J DATED:

11th March 2016 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Ashok Jagannath Phatak, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 23rd November 2008. A copy of his death certificate is annexed. The deceased was survived by the Petitioners.

2.

The Legal Heirship Certificate is required for transfer of an interest in certain premises and for admission to a Cooperative Housing Society.

3.

The proclamation was dispensed with. No other Petition for a heirship certificate, succession certificate, probate or letters of

12-MPT97-15.DOC administration with or without will annexed has been filed. There is no impediment to the grant of relief.

4.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Asha Ashok Phatak and Bnhairavi Heli Parulekar. 5.

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