Atul Ramesh Jadhav v. Changuna Bhallo Pawar Alias Sunanda Ramesh Jadhav (Deceased)

BGP 1/2 (34)-MPT-76-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

T. & I. J.

MISC. PETITION NO.76 OF 2017 Changuna Bhallo Pawar alias Sunanda Ramesh Jadhav ..... Deceased Atul Ramesh Jadhav .....Petitioner Mr. Manoj Mane for the Petitioner.

CORAM : R. D. DHANUKA, J.

DATE : 2nd AUGUST, 2017 P.C.

By this Petition under Section 2 of the Bombay Regulation VIII of 1827 the Petitioner seeks issuance of Legal Heirship Certificate of the deceased Changuna Bhallo Pawar alias Sunanda Ramesh Jadhav who died on 19.08.2004. The Petitioner is the son of the said deceased. In paragraph 4 of the Petition, the Petitioner has disclosed two names of the legal heirs and next-of-kin's of the deceased according to Hindu Succession Act, 1956. The Petitioner has filed consent affidavit of the sister of the Petitioner dated 05.06.2017 giving full and free consent for issuance of Legal Heirship Certificate in favour of the Petitioner without service of proclamation upon her and without claiming any rights in respect of employment on P.T. Case basis.

BGP 2/2 (34)-MPT-76-17 It is stated in the Petition that the husband of the deceased is predeceased and died on 25.12.1989. The death certificates of the said deceased as well as the husband of the deceased are annexed to the Petition. The Learned Counsel for the Petitioner states that except the legal heirs whose names are mentioned in the affidavit, there are no other legal heirs of the deceased according to the Hindu Succession Act, 1956.

Statements made in the Petition and by the Learned Counsel across the Bar are accepted. The Petitioner has made out a case for issuance of Legal Heirship Certificate as prayed for. Proclamation is dispensed with. The Misc. Petition No.76 of 2017 is made absolute in terms of prayer clause (a). No order as to costs.

(R. D. DHANUKA, J.)