Suresh Nanjibhai Shah @ Gangar v. Nirmala Nanjibhai Shah - Deceased

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.96 OF 2017 Suresh Nanjibhai Shah @ Gangar ..

Petitioner --- Ms.Shraddha Jadhav for the petitioner.

--- CORAM : R.D. DHANUKA, J.

DATE : 31st July 2017 P.C. :

.

By this petition, the petitioner seeks issuance of a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 of the deceased Nirmala Nanjibhai Shah alias Gangar who died on 11th June 2017. Death certificate of the said deceased is annexed to the petition.

2.

It is the case of the petitioner that the said deceased died intestate. The said deceased had left the petitioner as the legal heir and representative as governed by the Hindu Succession Act, 1956. The parents of the deceased and parents of the husband of the deceased predeceased the deceased. The death certificate of the husband of the deceased is annexed at Exhibit-B to the petition. There is no daughter of the said deceased. It is stated that save and except mentioned in paragraph 4 of the petition, there are no other heirs and next of kin left by the deceased. Learned counsel for the petitioner states that save and except mentioned in paragraph 4 of the petition, there are no other heirs and next of kin left by the deceased. The petitioner has also annexed copies of the Ration Card, Adhar Card, Election Identity Card of the

ppn 2 35.mpt-96.17.doc deceased and of the petitioner himself. Statements made in the petition as well as by the learned counsel across the bar are accepted. Proclamation is dispensed with.

3.

Miscellaneous Petition is made absolute in terms of prayer clause (A).

R.D. DHANUKA, J.