Nilambari Narayan Koli v. Nalini Narayan Koli (Deceased)
17-MPT70-16.DOC SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 70 OF 2016 Nilambari Narayan Koli
...Petitioner
And Nalini Narayan Koli ...Deceased Mr. Rajeev Carlhavo, i/b Sanjay Gawde, for the Petitioner. CORAM: G.S. PATEL, J DATED:
16th September 2016 PC:- 1.
Accepted. The only other heir has consented. Hence, proclamation dispensed with. The Petition made returnable forthwith and taken up for hearing and final disposal. 2.
The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Nalini Narayan Koli, who is said to have died intestate in Mumbai, where she was ordinarily resident, on 6th November 2015. A copy of her death certificate is annexed.
3.
The deceased was survived by her two daughters. The elder daughter is the Petitioner and the younger daughter has consented. 16th September 2016
17-MPT70-16.DOC 4.
The Legal Heirship Certificate is required for production before the authorities of the Naval Dockyard, Mumbai for transfer of the pension in the name of the Petitioner since the deceased was at the time of her death entitled to a pension from the office of the Admiral Superintendent, Naval Dockyard, Mumbai. 5.
The only other heir has granted consent. No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.
6.
The petition is made absolute in terms of prayer clause (a), which reads as follows:
"(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner along with the heir mentioned above are the only heirs and legal representatives of the said deceased."
7.
All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 16th September 2016