Amita Harji Khetalpar v. Harji Jiva Khetalpar (Deceased)

925-MPT106-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 106 OF 2015 Amita Harji Khtalpar

...Petitioner

And Harji Jiva Khetalpar ...Deceased Ms. S. Salvi, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

28th October 2015 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Harji Jiva Khetalpar, who is said to have died intestate on 23rd October 2012 in Mumbai, where he was ordinarily resident. A copy of his death certificate is annexed. The deceased was survived by his two daughters. Their names are mentioned in the tabulation below paragraph 5 of the petition.

2.

The Petition is filed by one of the two daughters. The other has consented. Hence, the proclamation was dispensed with by an order dated 23rd October 2015.

925-MPT106-15.DOC 3.

The Legal Heirship Certificate is required for transfer of the rent receipt in respect of premises at B.I.

T. Chawl, 1st Floor, Chandanwadi, Chira Bazar, Mumbai - 400 002.

4.

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 5, viz., Amita Herji Khetalpar and Chetna Dinesh Dedhia. 6.

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