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Meenu Manu Thakur And ANR. v. Rukmani Mohandas Jethwani @ Rukmani Mohandas Jethwani @ Rukmani M. Jethwani (Deceased)

2018-07-05Hon'Ble Shri Justice G.S. Patel2 pages

904-MPT93-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 93 OF 2018 Rukmani Mohandas Jethwani Alias Rukmani Mohandas Jethwani Alias Rukmani M Jethwani ...Deceased Meenu Manu Thakur & Anr

...Petitioners

Mr SU Lakdawala, for the Petitioners.

CORAM: G.S. PATEL, J DATED:

5th July 2018 PC:- 1.

The Petitioners are the only heirs of the deceased. Hence, proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 2.

The two Petitioners seek a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of their mother Rukmani Mohandas Jethwani Alias Rukmani Mohandas Jethwani Alias Rukmani M Jethwani, who is said to have died intestate in Mumbai, where she was ordinarily resident, on 31st January 2018. A copy of her death certificate is annexed. 3.

At the time of her death, Rukmani lived at 8/8, Ramkrishna Society, Gulmohar Cross Road No.12, Juhu Scheme, Juhu, Mumbai 5th July 2018

904-MPT93-18.DOC 400 049. Rukmani's husband died before her. Rukmani was survived by her two daughters, the Petitioners herein. Rukmani had no sons. Her parents and her in-laws died before her. 4.

The Petitioners state that Rukmani's husband Mohandas had left a Will to which Probate was obtained on 24th March 2003. A copy of the Probate is annexed.

5.

The bequest in that Will was in favour of Rukmani and included some immovable property in Mulund. The heirship certificate is required in respect of Rukmani to effect the transfer from Rukmani's estate to the names of the two Petitioners in the City Survey Land Records.

6.

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.

7.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Meenu Manu Thakur and Bhavna Manohar Amesur. 8.

Certificate be issued expeditiously. All concerned to act on an authenticated copy of this order.

(G. S. PATEL, J) 5th July 2018