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Bombay High CourtMPT/118/2017absolute

Sanket Sanjay Sule v. Sanjay Madhukar Sule (Deceased)

2017-09-21Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

MPT118_17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.118 OF 2017 Sanjay Madhukar Sule ...

Deceased Sanket Sanjay Sule ...

Petitioner Mr. Amit A. Kadam for Petitioner.

CORAM : R. G. KETKAR, J.

DATE :

SEPTEMBER 21, 2017 P.C. :

Heard Mr. Kadam, learned Counsel for the petitioner. 2.

This Petition is instituted for issuing Legal Heirship Certificate under Section 2 of Bombay Regulation VII of 1827 of Sanjay Madhukar Sule (for short 'deceased'). It is contended that the deceased died intestate leaving behind no testamentary writing or a Will. The deceased died on or about 04.04.1999. The deceased at the time of his death died leaving behind heirs and legal representatives according to Hindu Succession Act, 1956 (for short 'Act'), details whereof are set out in paragraph 4 of the Petition. The parents of the deceased predeceased the deceased. Save and except, the heirs and legal representatives mentioned in paragraph 4, there are no other heirs and next-of-kins left by the deceased. 3.

Mr. Kadam submitted that the deceased was working in Maharashtra Housing and Area Development Authority, Mumbai (for short 'MHADA'). In order to claim employment on compassionate ground, the petitioner is required to produce the heirship certificate. 4.

In view thereof, Petition is made absolute in terms of prayer clauses (A) and (B).

(R. G. KETKAR, J.) Minal Parab 1/1