Hirachand Bhavanji Momaya v. Bhavanji Kuvarji Momaya (Deceased)

9-MPT176-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 176 OF 2017 Hirachand Bhawanji Momaya

...Petitioner

And Bhawanji Kuvarji Momaya ...Deceased Ms Jyotsna Pandhi, for the Petitioner.

Mr Vijay Upadhyay, for Mahendra Bhawanji Momaya, one of the legal heir.

CORAM: G.S. PATEL, J DATED:

6th June 2018 PC:- 1.

One of the heirs Mahendra Bhawanji Momaya is represented and he does not consent to the grant of a Legal Heirship Certificate for the purpose mentioned in paragraph 5, i.e. application for transfer of a residential tenement. He does not dispute that the persons listed in the table below paragraph 3 are indeed the heirs. 2.

Having regard to the provisions of Bombay Regulation VIII of 1827, it is not possible to grant the relief in a situation such as this. 3.

Affidavit in Reply to be filed in the Registry. 4.

The Petition is dismissed. There will be no order as to costs. 6th June 2018

9-MPT176-17.DOC 5.

However, all contentions and remedies that are available to the Petitioner and other heirs in law are specifically kept open and will remain unaffected by the present order.

(G. S. PATEL, J) 6th June 2018