Parakash Govind Majarekar v. Govind Yashawant Manjarekar (Deceased)

3-MPT100-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 100 OF 2016 Govind Yashawant Manjarekar ...Deceased And Prakash Govind Manjarekar

...Petitioner

Mr. Parshuram M. Khankar, for the Petitioner. CORAM: G.S. PATEL, J DATED:

15th November 2016 PC:- 1.

Accepted. The Petitioner is one of the two surviving legal heirs of the deceased. The other heir has consented. Hence, 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 Govind Yashawant Manjarekar, who is said to have died intestate in Ratnagiri District on 7th October 1975. A copy of his death certificate is annexed.

3.

The wife of the deceased died on 8th August 1999. Her death certificate is annexed. One of their sons, Diwakar, died unmarried and without heirs on 20th April 1986. His death certificate is also annexed. The other, son Prakash, is the Petitioner. The deceased 15th November 2016

3-MPT100-16.DOC also has a daughter, Bharati Govind Manjarekar (after marriage Bharati Vinod Solanki). She has consented to the grant of a heirship certificate.

4.

During his lifetime the deceased resided at Room No. 9, 2nd Floor, 137 Dr. Mahimtura Marg, Bhagwanji Hiraji Chawl, Kumbharwada, Mumbai 400 003. This building is under reconstruction and the Legal Heirship Certificate is required in that connection.

5.

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), which reads:

"(a) This Hon'

ble Court be pleased to issue heirship certificate to the Petitioner Prakash Govind Manjarekar under provisi ons of Bombay Regulation Act VIII of 1827 certifying Prakash Govind Manjarekar and Smt. Bharati Govind Manjarekar Alias Bharati Vinod Solanki recognizing as the heirs and legal representatives of Govind Yashawant Manjarekar;"

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 15th November 2016