Devaki Unni v. Sujana Unni (Deceased)

MPT148.16-9

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISC.PETITION NO.148 OF 2016 Devaki Unni )....Petitioner V/s.

Sujana Unni alias Sujan Unni d/o N.R.Unni )....Deceased ---- Mr.Velar Prabhu i/by C.L.Francis for the petitioner. ---- CORAM : K.R.SHRIRAM,J DATE : 11.1.2017 P.C.:- Accepted.

The petitioner is the legal heir of the deceased. Apart from the petitioner there are no other legal heirs. The deceased was the daughter of the petitioner and it is stated that she was a spinster. The husband of the petitioner who was the father of the deceased predeceased the deceased. Hence the question of any other person consenting to the petition does not arise. Therefore, issuance of proclamation is dispensed with. Miscellaneous Petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner is seeking heirship certificate under Section KJ

MPT148.16-9 2 of Bombay Regulation VIII of 1827 certifying that the petitioner is the only legal heir and legal representative of the deceased. A copy of the death certificates of the deceased and the father of the deceased are annexed to the petition.

During the life time, the deceased had possessed certain properties and this heirship certificate is required for the purpose of mutation and nomination therein of the petitioner in place of the deceased. There is no impediment to the grant of the leave. Petition is made absolute in terms of prayer clause-(a) in favour of the petitioner viz. Devaki Unni.

All parties to act on a copy of this order duly authenticated by the Associate of this court.

(K.R.SHRIRAM,J) KJ