Ganesh Kondaji Tambe v. Kalpana Kondaji Tambe (Deceased)

25-MPT-13-2021-MODIFIED.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 13 OF 2021 Ganesh Kondaji Tambe

...Petitioner

And Kalpana Kondaji Tambe ...Deceased Mr Shreejit A Singh, i/b Khandelwal Associates, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

9th March 2021 PC:- 1.

Accepted. Issuance of proclamation is dispensed with. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Kalpana Kondaji Tambe, who is said to have died intestate in Navi Mumbai, where he was ordinarily resident, on 10th September 2018. A copy of her death certificate is annexed. 3.

The deceased was survived by a son and a married daughter. Their names are mentioned in the tabulation below paragraph 4 of the petition.

9th March 2021

25-MPT-13-2021-MODIFIED.DOC 4.

The Petition is filed by the son of the deceased and the married daughter has consented.

5.

The Legal Heirship Certificate is required for the purposes of transferring a flat.

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.

8.

copy of this order.

(G. S. PATEL, J) Note: This order is modified by an order of 2nd July 2021. Corrections are shown in bold and italics.

9th March 2021