Urmila Lalmani Rai v. Shri Lalmani Ramswaroop Rai (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.51 OF 2017 Urmila Lalmani Rai ....Petitioner Vs.

Lalmani Ramswaroop Rai ....Deceased ---- Mr. Ram Mani Upadhyay for petitioner.

---- CORAM : K.R.SHRIRAM, J.

DATE : 19th APRIL, 2017 P.C.:

Accepted. The petitioner is one of the legal heirs of one Lalmani Ramswaroop Rai, who expired on 16th January, 2015. The other legal heirs are the three daughters of the deceased all of whom have consented by filing separate affidavits all affirmed on 4th June, 2016. Hence, issuance of proclamation is dispensed with and miscellaneous petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner seeks Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, in respect of late Lalmani Ramswaroop Rai, who is said to have died intestate on 16th January, 2015 in Mumbai, where he was ordinarily resident. A copy of the death certificate is also annexed to the petition.

The deceased at the time of his death was survived by the petitioner and three daughters as mentioned in the tabulation below Gauri Gaekwad

2/2 16.MPT-51-2017.doc paragraph 3 of the petition. The parents of the deceased predeceased the deceased.

During his lifetime, the deceased was running transport business in the name of M/s. Seema Roadlines as a sole proprietor and had a regular business arrangement with Indian Oil Corporation Limited for transportation services. The Legal Heirship Certificate is required for continuing the same business in the name of M/s. Seema Roadlines and for the business relationship with Indian Oil Corporation Limited. It is stated in the petition that no other petition has been filed for Legal Heirship Certificate or Probate or for Succession Certificate or for Letters of Administration with or without Will in any forum. I do not find any impediment to the grant of the relief as sought. In the circumstances, the petition is made absolute in terms of prayer clause - (a) in favour of the persons mentioned in the tabulation below paragraph 3 of the petition, viz., (1) Urmila Lalmani Rai, (2) Meera Sanjeev Rai, (3) Seema Sanjay Rai and (4) Pragati Pradeep Rai. All concerned to act on an authenticated copy of this order. (K.R. SHRIRAM, J.) Gauri Gaekwad