Harishkumar Sadashiv Suvarna And 2 ORS. v. Prema Suvarna @ Prema Sadashiv Suvarna - Deceased

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 143 OF 2022 Harishkumar Sadashiv Suvarna & Ors.

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Petitioners And Prema Suvarna alias Prema Sadashiv Suvarna ... Deceased Mr. Prabhu Velar for the Petitioners.

CORAM : R.I. CHAGLA, J.

DATED : 21st OCTOBER, 2022.

ORDER :

By the present Petition, the Petitioners seek a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of the deceased Prema Suvarna alias Prema Sadashiv Suvarna who expired at Mumbai on 18.12.2018. A copy of the death certificate is at Exhibit-A to the Petition. The deceased was survived by the Petitioners. Petitioner No.1 is the son of the deceased and Petitioner Nos.2 and 3 are the daughters of the deceased. The particulars and relationship of the Petitioners with the deceased are mentioned in the tabular form at 1/3

paragraph 4 of the Petition. Save and except these Legal Heirs of the deceased, there are no other legal heirs surviving the deceased. In paragraph 7 of the Petition it is stated that the Legal Heirship Certificate is required to be produced before MHADA and concerned Co-operative Housing Society in order to transfer the right, title and interest of the deceased in the flat, particulars of which have been given in paragraph 7 of the Petition together with the share certificates mentioned therein, in the names of the Petitioners. Considering that the Petitioners are the only legal heirs surviving the deceased, there is no question of consent of other legal heirs being required in the present case.

No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. Therefore, I do not find any impediment in granting the relief sought for in the present Petition. The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(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 2/3

1. Harishkumar Sadashiv Suvarna (Son) 2. Shalini Suresh Kotian nee Shalini Sadashiv Suvarna (Daughter)

3. RenukaBhaktha Vasthsala Kaup Nee Renuka Sadashiv Suvarna (Daughter) all being the only Class-I heirs of the said deceased abovenamed."

Proclamation is dispensed with.

Miscellaneous Petition is accordingly disposed of.No order as to costs.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.10.21 17:38:29 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE 3/3