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Bombay High CourtMPT/123/2015disposed off

Joshus Shalom Samuel v. Shalom Raymond Samuel (Dceased)

2016-03-11Hon'Ble Shri Justice G.S. Patel2 pages

14-MPT123-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 123 OF 2015 Joshua Shalom Samuel

...Petitioner

And Shalom Raymond Samuel ...Deceased Mr. Deepak Pandey, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

11th March 2016 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shalom Raymond Samuel, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 14th November 2013. A copy of his death certificate is annexed. The wife of the deceased predeceased him. The Petitioner is the younger son of the deceased. The only heir is an elder son whose name is mentioned in the tabulation below paragraph 8 of the petition. 2.

The Legal Heirship Certificate is required to claim pension benefits.

14-MPT123-15.DOC 3.

The other heir has consented. 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.

4.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Mr. Nissim Shalom Samuel and Mr. Joshua Shalom Samuel.

5.

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