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Bombay High CourtMPT/161/2017disposed off

Ramesh Angara Suvarna v. Appi Angara Suvarna (Deceased)

2018-01-23Hon'Ble Shri Justice G.S. Patel2 pages

15-MPT161-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 161 OF 2017 Ramesh Angara Suvarna

...Petitioner

And Appi Angara Suvarna ...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 one of the five sons of the deceased. The other heirs are the deceased's four sons and a married daughter. They have consented. Their Consent Affidavits are on record. 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 Appi Angara Suvarna, who is said to have died intestate in Mumbai on 5th November 2015. She was ordinarily resident of Flat No. B/401, Shivam, Evershine Enclave, Mira Road-E, Thane. He had properties within Greater Mumbai & Thane District and in the 23rd January 2018

15-MPT161-17.DOC State of Maharashtra and India. A copy of her death certificate is annexed.

3.

The deceased's husband and parents died before her. The names of her heirs are mentioned in the tabulation below paragraph 4 of the petition.

4.

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. 5.

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.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Ramesh Angara Suvarna, Keshava Angara Suvarna, Hiriyanna Angara Suvarna, Shekhar Angara Suvarna, Sarojini Shankar Poojary and Ravindra Angara Suvarna.

7.

All concerned to act on an authenticated copy of this order. 8.

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