Rajeshwari Mohan Nee Rajeshwari Gowrishankar Iyer v. Gowrishankar Ayyar Kandasami (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.01.18 10:23:08 +0530 MUGDHA M PARANJAPE 1 20-MPT 264-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.264 OF 2022 Gowrishankar Ayyar Kandasami alias A. K. Gowrishankar ... Deceased Rajeshwari Mohan NEE Rajeshwari Gowrishankar Iyer ... Petitioner ----- Mr. Gajendra Machha for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

17TH JANUARY 2023 P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Gowrishankar Ayyar Kandasami alias A. K. Gowrishankar ('the deceased'), who died in Mumbai on 10/02/2021. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2 20-MPT 264-22.doc 2.

The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 3 of the Petition.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.

5.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 6.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

3 20-MPT 264-22.doc " a) That this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation Act, VIII of 1827, certifying that the Petitioner along with the other legal heirs mentioned in Paragraph 3 are the only legal heirs and representatives of Late Mr. Gowrishankar Ayyar Kandasami alias A. K Gowrishankar, the deceased abovenamed."

8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

In view of consents given by other legal heirs of the deceased, the proclamation is dispensed with.

10.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)