Maya Raghunandan Joshi v. Raghunandan Krishnashankar Joshi ( Deceased)

23-MPT-138-2016 .DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 138 OF 2016 Raghunandan Krishnashankar Joshi ...Deceased And Maya Raghunandan Joshi

...Petitioner

Mr. Rakesh Singh, i/b K. Juris for the Petitioner. CORAM: G.S. PATEL, J DATED:

13th December 2016 PC:- 1.

Accepted. The Petitioner is an heir of the deceased. The other heir has consented. Hence issuance of proclamation is dispensed with. Miscellaneous Petition is 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 Raghunandan Krishnashankar Joshi, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 17th November 2002. A copy of his death certificate is annexed. 3.

The deceased was survived by his widow and his son. Their names are mentioned in the tabulation below paragraph 4 of the 13th December 2016

23-MPT-138-2016 .DOC Petition. The Petitioner is the widow of the deceased. The other heir is the son who has filed Consent Affidavit. 4.

During his lifetime the deceased was entitled to certain shares of Colgate-Palmolive (India) Limited. The Legal Heirship Certificate is required for the transmission of those shares and encashment of dividend warrants.

5.

No other petition for an 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) in favour of the two heirs of the deceased, viz., the Petitioner and her son. In view of the consent affidavit of the son, the Petitioner, Maya Raghunanandan Joshi, will be entitled to apply to Colgate-Palmolive (India) Ltd for the transmission of shares to her sole name and to encash all dividend instruments payable to the deceased. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 13th December 2016