Shruti Shyam Kerlekar v. Shyam Appa Kerlekar(Deceased)

4-MPT131-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 131 OF 2017 Shrusti Shyam Kerlekar

...Petitioner

And Shyam Appa Kerlekar ...Deceased Mr Sanskar Marathe, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

7th February 2018 PC:- 1.

The Petition was accepted on 30th October 2017 when the proclamation was dispensed with.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shyam Appa Kerlekar, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 2nd November 2016. A copy of his death certificate is annexed. The deceased was survived by his widow and two sons. Their names are mentioned in the tabulation below paragraph 4 of the petition.

7th February 2018

4-MPT131-17.DOC 3.

The Legal Heirship Certificate is required for transfer of the tenanted property at Shilpa Shree building Sion Chunabhatti Road, Mumbai 400 022.

4.

The other heirs have consented. Their consent Affidavits are on record. No other Petition for a Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without will annexed has been filed. There is no impediment to the grant of relief.

5.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Shrusti Shyam Kerlekar, Utkarsh Shyam Kerlekar and Sarthak Shyam Kerlekar.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 7th February 2018