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Bombay High CourtMPT/67/2018disposed off

Arvind Dinu Salvi v. Shobha Maruti Salvi @ Shobha M. Salvi (Deceased)

2018-06-15Hon'Ble Shri Justice G.S. Patel2 pages

909-MPT67-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 67 OF 2018 Shobha Maruti Salvi Alias Shobha M Salvi ...Deceased Arvind Dinu Salvi

...Petitioner

Mr SU Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

15th June 2018 PC:- 1.

Accepted. The Petitioner is the brother-in-law, i.e. husband's brother, of the deceased Shobha Maruti Salvi. The deceased and her husband had no children. All the other heirs have consented. Hence proclamation dispensed with and the Petition is taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shobha Maruti Salvi, who is said to have died intestate in Mumbai, where she was ordinarily resident, on 18th September 2017. A copy of her death certificate is annexed.

3.

At the time of her death, the deceased was permanently resident at Room no. 28, GT Hospital, second floor, Old Doctors' Quarters, Dhobi Talao, Mumbai 400 001.

15th June 2018

909-MPT67-18.DOC 4.

Shobha's husband Maruti died before her on 14th December 1995. They had no children. Shobha was thus survived by her husband's heirs, namely his brothers and sisters. Their names are mentioned in the tabulation below paragraph 4 of the petition. All have consented.

5.

During her life time Shobha worked as a Hamal in GT Hospital. The Petitioner seeks employment for his son on compassionate grounds and for recovery of Shobha's service dues. 6.

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.

7.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4 of the Petition, namely, i) Digambar Dinu Salvi, ii) Avinash Dinu Salvi, iii) Mr Arvind Dinu Salvi and iv) Mrs Pratibha Prakash Salvi. 8.

Heirship certificate be issued expeditiously. 9.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 15th June 2018