Anita Chintu Hate v. Chintu Raju Hate (Deceased)

910-MPT84-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 84 OF 2018 Chintu Raju Hate ...Deceased And Anita Chintu Hate

...Petitioner

Mrs Asmita S Jaiswal, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

29th June 2018 PC:- 1.

Accepted. The Petitioner is the sole heir of the deceased. Hence, 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 Chintu Raju Hate, who is said to have died intestate in Mumbai, where he was ordinarily resident at 127-1/4, Nanabhai Wadi, Barkat Ali Darga Road, Korba Mithagar, Wadala, Mumbai 400 037, on 3rd April 1985. A copy of his death certificate is annexed. 3.

The deceased was survived by his four daughters and two sons. Their names are mentioned in the tabulation below paragraph 29th June 2018

910-MPT84-18.DOC 4 of the petition. The Petitioner is one of the daughters. All the other heirs have consented.

4.

During his lifetime, the deceased was in the Indian Army and retired in 1958. The Legal Heirship Certificate is required for receiving the family pension after the death of the deceased's wife. 5.

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.

6.

The petition is made absolute in terms of prayer clause (a). 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 29th June 2018