Bhavanji Shamji Lalan And 11 ORS. v. Lalji Nanshi Lalan (Deceased)

922-MPT-101-14.DOC Sharayu

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 101 OF 2014 Bhavanji Shamji Lalal & Ors.

...Plaintiff Lalji Nanshi Lalan ...Deceased Mr. Mohit P. Bhansali, for the Plaintiff.

CORAM: G.S. PATEL, J DATED:

19th March 2015 PC:- 1.

The Petitioners seek the issuance of a legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Lalji Nanshi Lalan, who is said to have died intestate in Mumbai where he was ordinarily resident, on 25th February 1963.

2.

A copy of the death certificate is attached. The Petitioners are deceased's heirs and next of kin. Their names are set out in paragraph 4 of the Petition.

3.

A proclamation has been issued. An Affidavit to that effect is on file. None has come forward. Other than the present petition for

922-MPT-101-14.DOC an heirship certificate, no other petition for a succession certificate or other representation to the estate of the deceased has been filed. 4.

There is no impediment to the grant of this Petition. 5.

The Petition is made absolute in terms of prayer clause (a), which reads as follows:- "(a) That Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1827 be granted to the Petitioner declaring that the Petitioners are the legal heir of the Deceased Late Lalji Nenshi Lalan and Late Sunderban Lalji Lalan.

"

6.

The heirship certificate is to be issued in the name of (1) Bhavanji Shamji Lalan; (2) Smt. Nayna Wd./O Mulchand Lalan;

(3) Mr. Jaykumar Shamji Lalan; (4) Anjana Khimaji Lalan; (5) Lata Hemandra Patni; (6) Ratanben Hiraji Chheda; (7) Smt. Veena Vallabhaji Shah; (8) Leena Jayesh Vora; (9) Mamta Dipak Atal; (10) Smt. Minakshi Wd/o Hemchand Lalan; (11) Chitra Presh Bahua;

(12) Smt. Harsha Harkchand Lalan.

7.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.)