Meena Kant Bhatia v. Kant Sunderdas Bhatia (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 192 OF 2021 Meena Kant Bhatia ...
Petitioner And Kant Sunderdas Bhatia ...
Deceased Mr. Ravish Mishra i/b Vijay B. Dhingreja for the Petitioner. CORAM : R.I. CHAGLA, J.
DATED : 25th FEBRUARY, 2022.
ORDER :
By the present Petition, the Petitioner seeks a legal heirship certificate under Section 2 of the Bombay Regulation Act, VIII of 1827 in respect of the deceased Kant Sunderdas Bhatia, who expired at Bahrain on 23.11.2020. A copy of the death certificate is annexed at Exhibit-A to the Petition. The deceased was survived by the Petitioner, who is the widow of the deceased and two sons, the particulars of which are given in the tabular form at paragraph 3 of the Petition. Save and except the legal heirs mentioned in the tabular form at paragraph 3 of the Petition, there are no other heirs and next of kin left by the deceased. 1/3
It is stated that the legal heirship certificate is required to be produced before the concerned authorities including Labour Market Regulatory Authority who have specifically called for the same vide its letter dated 24.02.2021 for cancellation of foreign labour permits in the event of employer death.
The other legal heirs of the deceased mentioned in the tabular form at paragraph 3 of the Petition have filed their consent affidavits dated 18.04.2021 giving their no objection to the legal heirship certificate being issued in favour of the Petitioner, without service upon them and giving their full and free consent to grant legal heirship certificate in favour of the Petitioner without justifying their share in the estate of the deceased and without service of any citation upon them. No other Petition for legal 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. The Petition is accepted and made absolute in terms of prayer clause (a) which reads thus :
"a.
That this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation Act, VIII of 1827, certifying that the 2/3
Petitioner along with the other heirs mentioned in paragraph 3 are the only legal heirs and representatives of the Deceased (Late) Kant Sunderdas Bhatia"
The Testamentary Department shall expedite the grant of legal heirship certificate.
Proclamation is dispensed with.
The Miscellaneous Petition is accordingly disposed of. No order as to costs.
Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.02.26 17:25:20 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE 3/3