Mahesh Prabhakaran Menon v. Varada Mahesh Menon Alias Varada M. Menon (Deceased)
911-MPT69-18.DOC Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 69 OF 2018 Mahesh Prabhakaran Menon
...Petitioner
And Varada Mahesh Menon ...Deceased Mr SU Lakdawala, for the Petitioner.
CORAM: G.S. PATEL, J DATED:
21st June 2018 PC:- 1.
Accepted. The Petitioner is the husband of the deceased. The only other heirs are two minor sons on whose behalf the Petitioner has consented and, hence, issuance of proclamation is dispensed with. The Petition is made returnable forthwith and 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 Varada Mahesh Menon, who died intestate in Mumbai, where she was ordinarily resident, on 8th January 2018. A copy of her death certificate is annexed.
3.
During her lifetime, the deceased had a fixed place of residence at H 101, Gokul Galaxy, Thakur Complex, Kandivali (East), Mumbai 400 101.
21st June 2018
911-MPT69-18.DOC 4.
The deceased died intestate and no testamentary writing or Will is found.
5.
The deceased was survived by her husband, the Petitioner, and their two minor sons, aged 14 and 12 years. There are no other heirs. Their names are mentioned in the tabulation below paragraph 4 of the petition.
6.
During her lifetime, the deceased was employed in Sharjah. The Legal Heirship Certificate is required to claim her service dues and in regard to bank accounts and other properties. 7.
No other Petition for an 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.
8.
The petition is made absolute in terms of prayer clause (a) in favour of all heirs.
9.
Certificate to be issued expeditiously.
10. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 21st June 2018