Nirmala Francis Parmar v. Francis Simon Parmar (Deceased)

VARSHA DEEPAK GAIKWAD 31-MPT-176-2022.doc VARSHA DEEPAK GAIKWAD Date: 2022.11.19 10:29:23 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 176 OF 2022 Nirmala Francis Parmar ...

Petitioner Francis Simon Parmar (Deceased) ...

Respondent ------------------- Mr. Himanshu Rai a/w. Mr. Dinesh Wani i/by Mr. Jayant A. Wani for the Petitioner/Applicant.

--------------------- CORAM :VALMIKI SA MENEZES, J.

DATED :NOVEMBER 16 , 2022.

P.C. :

.

This is an application filed for issuance of Legal Heirship Certificate under section 2 of Bombay Regulation VIII of 1827 in respect of deceased Francis Simon Parmar, he died intestate at DohaQatar on 11th October 2021. A copy of his death certificate is at "Exhibit-A" to the Petition. The deceased is said to have resided at Simon Parmar, 15/42, Shivshakti CHS, Western Express Highway, Vanrai, Mumbai, Aarey Milk Colony, Maharashtra-400 065. A copy of the Aadhar Card has been annexed at Exhibit-B, page 20 to the petition. The deceased, as stated by the petitioner is survived by the petitioner, who is his wife and his 2 daughters - Nikki Francis Parmar and Faina Francis Parmar who resided with the petitioner, their mother. The names of heirs are stated in the tabulation below paragraph 4 of varsha

31-MPT-176-2022.doc the petition.

2.

The petitioner claims issuance of the Legal Heirship Certificate for the purpose as stated in Paragraph 7 of the petition. 3.

The statement made in the petition is that the deceased died intestate and the persons mentioned in the table at page 4 are the only legal heirs of the deceased. Accordingly, proclamation is dispensed with.

4.

I find that there is no impediment to the grant of relief sought in the petition.

5.

The Petition is made absolute in terms of prayer clause (a) in favour of the petitioner, which is reproduced hereunder : " The certificate of Heirship thereby certifying the petition along with heirs mentioned in para 4 of the petition be and are recognized as heirs of the deceased FRANCIS SIMON PARMAR , in the form of the Bombay regulation VIII of 1827, be granted to and in favour of the petitioner".

6.

Registry to act upon this order and issue Legal Heirship Certificate.

(VALMIKI SA MENEZES, J) varsha