Swati Prabhakar Gangan v. Swapnil Prabhakar Gangan (Deceased)

13-MPT(L)-1973-2019 13-MPT(L)-1973-2019-MDIFIED.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION(L) NO. 1973 OF 2019 Swapnil Prabhakar Gangan ...Deceased

Versus

Swati Prabhakar Gangan

...Petitioner

Mr Jagannath S Pawar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

27th January 2021 PC:- 1.

Accepted. Issuance of proclamation is dispensed with. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shephali Mormare Swapnil Prabhakar Gangan, who is said to have died intestate in Mumbai on or about 10th October 2010. A copy of his death by Shephali Mormare Date: 2021.02.18 17:22:33 +0530 certificate is annexed. The deceased was survived by his mother and unmarried sister. Their names are mentioned in the tabulation below paragraph 4 of the petition.

3.

The Legal Heirship Certificate is required in order to transfer the commercial shop held by the deceased in favour of the Petitioner, the unmarried sister of the deceased. 27th January 2021

13-MPT(L)-1973-2019 13-MPT(L)-1973-2019-MDIFIED.DOC 4.

The mother of the deceased, who is the only Class I Legal Heir, has granted consent. 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.

5.

The petition is made absolute in terms of prayer clause (a) of the petition.

6.

copy of this order.

(G. S. PATEL, J) Note:This order is modified as per order dated 18th February 2021. The corrections are shown in bold, italics and underlined.

27th January 2021