Shivshankar Mohan Dhobi v. Premi Ramlal Dhobi (Deceased)

22-MPT130-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 130 OF 2015 Shivshankar Mohan Dhobi

...Petitioner

And Premi Ramlal Dhobi ...Deceased Mr. Abhijeet Patil, i/b Mr.

Ajay Patil, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

13th October 2016 PC:- 1.

Accepted. The Petitioner appears to be one of the only two heirs of the deceased, his paternal uncle (father's brother). The other heir is the Petitioner's brother and he has consented. Hence, proclamation dispensed with.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Premi Ramlal Dhobi, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 18th June 1998. A copy of his death certificate is annexed. The deceased was unmarried at the time of his death. He was survived by the three heirs listed at Serial Nos. 1, 1B and 1C. The legal heir at Serial No. 1 was the father of the 13th October 2016

22-MPT130-15.DOC Petitioner, and the deceased's brother. He has passed away on 1st January 2011. There are no other legal heirs. 3.

The Legal Heirship Certificate is required for the purposes of production before the Developer of SRA Project in respect of allotment of Flat No. 201, 2nd Floor, Kapil Vastu, 19th Road, Khar (West), Mumbai 400 052.

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 4, namely, Shivshankar Mohan Dhobi and Ramchandra Mohan Dhobi. 6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 13th October 2016