Madhukar Narayan Kenjale v. Narayan Rawji Kenjale (Deceased)

912-MPT157-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 157 OF 2017 Madhukar Narayan Kenjale

...Petitioner

And Narayan Rawji Kenjale ...Deceased None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

16th January 2018 PC:- 1.

Accepted. Since the other heirs have consented, issuance of proclamation is dispensed with. The Petition is made returnable forthwith and is taken up for hearing and final disposal. 2.

The Petition is filed under Section 2 of Bombay Regulation VIII of 1827 for Legal Heirship Certificate. The Petitioner is one of the sons of Narayan Rawji Kenjale who died on 8th July 1993 in Mumbai where he has ordinarily resident at 39/2848, MHB colony, Abhyudaya Nagar, Kalachowki, Mumbai 400 033. A copy of his death certificate is annexed.

3.

The deceased was survived by two sons and two married daughters. The Petitioner is one of the two sons. The names of the 16th January 2018

912-MPT157-17.DOC heirs are set out below paragraph 2. The deceased's wife died before him. A copy of her death certificate is also annexed. 4.

The deceased left no Will or testamentary writing, and no other Petition for a Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed.

5.

All the legal heirs have consented by an affidavit dated 30th January 2017 to the grant of the Legal Heirship Certificate. 6.

The Legal Heirship Certificate is required for submission to the MCGM, Collector and MHADA for transfer of this Room No. 2848, Building No. 39, MHB Colony, Abhyudaya Nagar, Kalachowki, Mumbai 400 033.

7.

There is no impediment to the grant of relief. 8.

The petition is made absolute in terms of prayer clause (a) in favour of all four heirs mentioned in the table below paragraph 2, namely, Madhukar Narayan Kenjale, Sulekha Rvindra Sawant alias Pushpa Narayan Kenjale, Radhika Kisanrao Kadam alias Chandrabhaga Narayan Kenjale and Vishnu Narayan Kenjale. 9.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 16th January 2018