Vandana Shankar Roamal v. Shankar Romala (Deceased)

925-MPT-64-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.64 OF 2016 Mr. Shankar Rajaram Romala ...Deceased And Smt. Vandana Shankar Romala

...Petitioner

Mr. S.U. Lakadawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

29th July 2016 PC:- 1.

Accepted. All the heirs have consented. Hence proclamation is dispensed with. The Petition is made returnable forthwith and taken up for final hearing and disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shankar Rajaram Romala, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 25th August 2000. A copy of his death certificate is annexed.

3.

The Petitioner is the widow of the deceased. The deceased was survived by the Petitioner, a minor son 17 years, and the daughter of age 20 years. The daughter has consented. The 29th July 2016

925-MPT-64-2016.DOC Petitioner is the mother and natural guardian of the minor son. Their names are mentioned in the tabulation below paragraph 4 of the petition.

4.

The Legal Heirship Certificate is required in relation to certain gratuity dues of the deceased and for seeking employment with the Mumbai Municipal Corporation.

5.

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 favour of all the heirs in terms of prayer clause (a), which reads thus: (a) the Legal Heirship Certificate certifying that the Petitioner along with other legal heir being the only legal heir and representatives of the deceased may be granted to the Petitioner.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 29th July 2016