Nitin Ganpat Dingankar v. Sushila Ganpat Dingankar (Deceased)

935-MPT104-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 104 OF 2016 Nitin Ganpat Dingankar

...Petitioner

And Sushila Ganpat Dingankar ...Deceased Mr. S.U. Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

21st December 2016 PC:- 1.

The proclamation was issued pursuant to the order dated 10th October 2016. There is an Service Report of the bailiff. 2.

One of the heirs, i.e., Mr. Pratap Ganpat Dingankar has not consented. Despite service of proclamation, he has not filed any objection.

3.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Sushila Ganpat Dingankar, who is said to have died intestate in Mumbai, where she was ordinarily resident, on 8th January 2016. A copy of her death certificate is annexed. The deceased was survived by the heirs whose names are mentioned in the tabulation below 21st December 2016

935-MPT104-16.DOC paragraph 4 of the petition, namely three sons and two married daughters. The Petitioner is the youngest son. The deceased's husband Ganpat died before her on 15th January 2005. 4.

During her lifetime, the deceased lived at Room No. 3, Ramdas Pawar Chawl, Chakala, Near Dhobighat, Sahar Road, Andheri (East), Mumbai 400 099. The deceased was a subscriber to electricity services from Tata Power Company. The Legal Heirship Certificate is required for the purposes of making an application to have that connection transferred.

5.

No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed.

6.

Pratap despite service of proclamation has not opposed. All other heirs have consented. There is no impediment to the grant of relief.

7.

The Petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Nitin Ganpat Dingankar, Pratap Ganpat Dingankar, Vinod Ganpat Dingankar, Mrs. Vaishali Bhau Dewalkar & Mrs. Radnyee Rajan Shirke.

8.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 21st December 2016