Jiten Navinchandra Shah v. Navinchandra Keshavji Shah Alias Navinchandra K Shah(Deceased)
Digitally signed by MUGDHA M PARANJAPE Date:
2023.01.03 11:35:47 +0530 MUGDHA M PARANJAPE 1 20-MPT 164-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.164 OF 2022 Navinchandra Keshavji Shah alias Navinchandra K. Shah ... Deceased Jiten Navinchdnara Shah ... Petitioner ----- Ms. Pradnya Bagde for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
02ND JANUARY 2023 P.C. :
1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Navinchandra Keshavji Shah alias Navinchandra K. Shah ('the deceased'), who died in Mumbai on 08/10/2020. A copy of the death certificate is annexed to the Miscellaneous Petition.
2.
The present Miscellaneous Petition sets out that the deceased left behind him the following persons as his only heir and next of kin according to the Hindu Succession Act, 1956 :- Sr.
Name and Address of the Legal heirs Age Relation with the No.
Years deceased
2 20-MPT 164-22.doc 1.
Ruxmani N. Shah - Wife Died on 12.06.2014 (Predeceased) 2.
Jiten Navinchandra Shah Son Residing at A-102, 1st Floor, Carter Road No.4, Borivali (East), Mumbai - 400 066.
(The Petitioner herein) 3.
Mala Bhavesh Shah Chadwa Married Daughter Residing at 575/9, Devkinandan, V. N.
Purav Marg, Near Hotel Celebration, Chembur, Mumbai - 400 071.
3.
The Miscellaneous Petition sets out that the Legal Heirship Certificate is required for the purpose of transferring the Shop bearing No.22, Plot No.28 & 29, Sector - 21, in a building known as President Co-operative Housing Society Limited, Kharghar, Navi Mumbai - 410 210. The consent affidavit of Mala Bhavesh Shah Chadwa is annexed to the Miscellaneous Petition.
4.
No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.
3 20-MPT 164-22.doc 5.
I have perused the present Miscellaneous Petition and heard the learned Counsel appearing on behalf of the Petitioner. I am satisfied that the Miscellaneous Petition deserves to be allowed. 6.
The present Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- "a. This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner, alongwith the heirs mentioned para no.4 herein above are the only heirs and legal representatives of the deceased" 7.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
8.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
(ARIF S. DOCTOR, J.)