Anand Alimuthu Gopal v. Alimuthu Gopal (Deceased )

kvm 1/2 21-MPT133.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 133 OF 2018 Alimuthu Gopal ..... Deceased Anand Alimuthu Gopal ..... Petitioner Ms.Neelam Jadhav for the Petitioner.

CORAM :

R.D. DHANUKA, J.

DATE :

10th DECEMBER, 2018 P.C.

By this petition filed under section 2 of the Bombay Regulation Act VIII of 1827, the petitioner who is son of the deceased late Mr.Alimuthu Gopal has prayed for issuance of the legal heirship certificate. The said deceased died on 10th November, 2008. A true copy of the death certificate is annexed at Ex.A to the petition. 2.

In paragraph (6) of the petition, the names of all the legal heirs and next-of-kin of the said deceased are setout. Out of the five legal heirs, the petitioner who is son of the said deceased has filed this petition. The remaining four legal heirs have filed consent affidavits which are annexed to the petition giving their free consent in favour of the petitioner for grant of the legal heirship certificate without justifying the surety of their shares. The consent affidavits are taken on record. The statements made in the petition are accepted. Proclamation is dispensed with.

3.

The petitioner has made out a case for grant of legal heirship

kvm 2/2 21-MPT133.18 certificate as prayed.

4.

Misc. Petition is accordingly made absolute in terms of prayer clause (a). No order as to costs.

[R.D. DHANUKA, J.]