Lalitadevi Sitaram Gupta v. Sitaram Gupta (Deceased)

911-MPT-76-15.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 76 OF 2015 Sitaram Gupta ...Deceased And Lalitadevi Sitram Gupta

...Petitioner

Ms. Aparna Deokar, i/b M.P. Vashi & Asso., for the Petitioner.

CORAM: G.S. PATEL, J DATED:

25th August 2015 PC:- 1.

The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Sitaram Gupta, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 17th February 2002. A copy of his death certificate is annexed.

2.

The deceased was survived by his widow and married daughter. His widow is the present Petitioner. The married daughter has filed a Consent Affidavit dated 13th August 2015. There are no other heirs and legal representatives. 3.

The Heirship certificate is required for the transfer of Municipal Licence No. 1311 in relation to a stall.

911-MPT-76-15.DOC 4.

The issue of proclamation was dispensed with by an order dated 12th August 2015. No other petition for an heirship certificate, succession certificate, probate or letters of administration with or without Will annexed has been filed. 5.

By an order dated 23rd March 2015 passed in a group of Writ Petitions, including one by the present Petitioner, a Division Bench of this Court (A.S. Oka & A.P. Bhangale JJ.) noted a statement on behalf of the Municipal Corporation that upon the Petitioners producing an Heirship Certificate, the Municipal Corporation would transfer the Licence to the Petitioners subject to their complying with the required terms and conditions. An order was passed in those terms. A copy of that order is at Exh.H at page 22 of the present Petition.

6.

In this view of the matter, there is no impediment to the grant of relief. The petition is made absolute in terms of prayer clause (a), which reads as follows:- "(a) That a legal Heirship Certificate certifying that 1) Lalitadevi Sitaram Gupta the widow and Petitioner, 2) Madhuridevi Gupta, the married daughter are the only heirs and legal representatives of the deceased under the provisions of Bombay Regulation Act VIII of 1827. "

7.

All concerned annd, in particular, the officers concerned of the Municipal Corporation of Greater Bombay to act on an authenticated copy of this Order.

(G. S. PATEL, J.)