Yogita Rahul Wadikar And ANR v. Subodh Nagesh Jayakar (Deceased)

VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2022.11.19 10:29:23 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 171 OF 2022 Yogita Rahul Wadikar and Anr.

...

Petitioners Subodh Nagesh Jayakar (Deceased) ...

Respondent ------------------- Mr. Yogeshwar S. Bhate for the Petitioner.

--------------------- CORAM :VALMIKI SA MENEZES, J.

DATED :NOVEMBER 16 , 2022.

P.C. :

.

This is an application filed for issuance of Legal Heirship Certificate under section 2 of Bombay Regulation VIII of 1827 in respect of deceased Subodh Nagesh Jayakar, who is expired on 23rd April 2021. At the time of his death he was residing at 1605, F-Wing, Anmol Furtue Housing Colony, Unnat Nagar, CTS-58, Goregaon (West), Mumbai-400 104. A copy of his death certificate is at "Exhibit-A" to the Petition.

2.

The wife of late Subodh Nagesh Jayakar was pre-deceased on 4th March 2019. Late Subodh Jayakar was survived by his two daughters namely the Petitioner No. 1- Yogita Rahul Wadikar herein and Petitioner No.2.-Sangini Nitin Rane is said to be resided in U.S.A. and her passport has been produced as a proof at page - 24 to the petition. Petitioner No.1 resides in Mumbai as address stated in her

Aadhar Card which is produced at '

Exhibit-D'

, page-21 to the petition.

According to the averments made in the petition besides petitioners there is no other legal heirs of the deceased-Subodh. 3.

The present petition has been filed for the reasons stated in Paragraph-7, namely, that the concerned authorities of the Orient Blackswan Private Limited bearing ISIN No. INE080N01016, which was previously known as Orient Longmans Private Limited had appointed Karvy Fintech Pvt. Ltd. as its Registrars and for transfer of the share of the said company as owned by the deceased. The Legal Heirship Certificate is said to be required by the petitioners for effecting the change in the name of the deceased to their names as heirs.

4.

There is no question of obtaining concerned of any other person as the petitioners are the only legal heirs of the deceased. Accordingly, proclamation is dispensed with.

5.

As stated in the petition the deceased died intestate and there are no other legal heirs. There is no impediment to the grant of relief.

6.

The Petition is made absolute in terms of prayer clause (a) in favour of the petitioner, which is reproduced hereunder : " That the Hon'

ble Court may be pleased to issue a Legal Heirship Certificate to the Petitioners under the

provisions of Bombay Regulation VII of 1827 certifying that the Petitioners are the only heirs and legal representatives of the deceased Subodh Nagesh Jayakar"

7.

Registry to act upon this order and issue Legal Heirship Certificate.

(VALMIKI SA MENEZES, J)