Chandrashekhar Deju Kotian v. Rathi Deju Kotian (Deceased)

14-MPT160-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 160 OF 2017 Chandrashekar Deju Kotian

...Petitioner

And Rathi Deju Kotian ...Deceased Mr JS Kini, i/b Suresh Dubey, for the Petitioner. CORAM: G.S. PATEL, J DATED:

23rd January 2018 PC:- 1.

Accepted. The Petitioner is the son of the deceased. The other heirs are the deceased's two unmarried daughters. They have consented. Hence, issuance of proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Rathi Deju Kotian, who is said to have died intestate in Mumbai on 7th October 2011. She was ordinarily resident at Room No. 3/6, Aminabai Chawl, Gamdevi Road, Sanghani Estate, Ghatkopar-W, Mumbai 400 086. A copy of her death certificate is annexed. The deceased's husband and parents died before her. The names of her 23rd January 2018

14-MPT160-17.DOC heirs are mentioned in the tabulation below paragraph 4 of the petition.

3.

The Legal Heirship Certificate is required for production before the Revenue Authorities in Udupi in the State of Karnataka and other authorities in regard to certain land revenue records. 4.

All the heirs have granted consent. 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,Chandrashekhar Deju Kotian, Bhavani Deju Kotian and Purnima Deju Kotian.

6.

All concerned to act on an authenticated copy of this order. 7.

Heirship Certificate to be issued expeditiously. (G. S. PATEL, J) 23rd January 2018