Kalyani Vivekanandan v. Vivekanandan Sankaranarayanan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 293 OF 2022 Vivekanandan Sankaranarayanan ...Deceased Kalyani Vivekanandan

...Petitioner

--- Mr. Kishorekumar S. Shetty for the Petitioner. --- CORAM : ARIF S. DOCTOR, J.

th JANUARY, 2023 DATE : 09 P.C. :

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Vivekanandan Sankaranarayanan ('the deceased'), who is said to have died intestate at Mumbai on 28 th November, 2021. A copy of the death certificate of the deceased is also annexed to the Miscellaneous Petition. The said deceased died intestate and despite due and diligent search for a Will, none has been found.

A.B.Kakde 1/3

In paragraph 4 of the Petition the names of the legal heirs and next of kins of the deceased according to the Hindu Succession Act, 1956 have been set out. On a query from the Court the learned Counsel for the Petitioner has informed the Court that these are the only legal heirs of the deceased and there are no other legal heirs.

The learned counsel for the Petitioner submitted that the consent affidavits of the legal heirs are on record.

The reason for which the legal heirship certificate is required is set out in paragraph 9 of the Petition.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. I have heard the learned counsel appearing for the Petitioner as well as perused the said Petition and find that the same is in order and deserves to be allowed in the interest of justice.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which read as under :- "(a).

That a Legal Heirship Certificate certifying that the Petitioner along with the legal heir in para no. 4 are only heirs and legal representative of the said deceased i.e. A.B.Kakde 2/3

Vivekanandan Sankaranarayanan under the provision of Bombay Regulation Act VIII of 1827".

Proclamation is not dispensed with.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J) A.B.Kakde 3/3