Sarojini Subhash Shetty And 2 ORS v. Subhash Surana Shetty (Deceased)

51-MPT80-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 80 OF 2016 Subhash Surana Shetty ...Deceased And Smt. Sarojini Subhash Shetty & Others

...Petitioners

Mr. Prabhu Velar, i/b Mr. S. Y. Jadhav, for the Petitioners. CORAM: G.S. PATEL, J DATED:

14th September 2016 PC:- 1.

Accepted. As the Petitioners are the only heirs of the deceased, proclamation is dispensed with. The Petition is made returnable forthwith.

2.

The Petitioners seek a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Subhash Surana Shetty, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 1st August 2015. A copy of his death certificate is annexed. The deceased was survived by his widow, one son and a married daughter. Their names are mentioned in the tabulation below paragraph 4 of the petition. 14th September 2016

51-MPT80-16.DOC 3.

The Legal Heirship Certificate is required for transfer of certain properties standing in the name of the deceased to the name of his heirs, as also for the transmission of a Liquor Vending Licence.

4.

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.

5.

The petition is made absolute in terms of prayer clause (a), which read thus:

"(a) The legal Heirship Certificate may be granted to the 1) Smt. Sarojini Subhash Shetty,

2) Mr. Sushant Subhash Shetty, 3) Ms. Sneha Subhash Shetty and they be declared as legal heirs and legal representatives of the deceased Mr. Subhash Surana Shetty S/o. Late Mr. Surana Shetty, under the provisions of Bombay Regulation Act VIII of 1827."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 14th September 2016