Naresh Shamrao Hedau v. Shamrao Govind Hedau (Deceased)

29-MPT119-14.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 119 OF 2014 Naresh Shamrao Hedau.

...Petitioner

And Shamrao Govind Hedau ...Deceased Mr. Jagdish H. Sawant, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

23rd March 2015 PC:- 1.

The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shamrao Govind Hedau, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 28th December 1994. A copy of his death certificate is annexed. The deceased was survived by the persons whose names are mentioned in the tabulation below paragraph 4 in the petition. Of these, those at Serial Nos. 1 and 6 have passed away. The deceased was apparently a tenant of Room No. 3/4-B, Dadabhai Chawl, N.M. Joshi Marg, Lower Parel, Mumbai - 400 013.

29-MPT119-14.DOC 2.

An application has been made for transfer of this tenancy by the Petitioner. Since that property is being redeveloped, a legal heirship certificate is required. Hence, this Petition. 3.

A proclamation has been issued. None have come forward. 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. 4.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, except the persons at Serial Nos. 1 and 6, namely, Smt. Laxmibai Maruti Ninane alias Radhabai Shamrao Hedau, Shri Suresh Shamrao Hedau, Shri Naresh Shamrao Hedau, Shri Ramesh Shamrao Hedau, Smt. Vanita Sunil Hedau, Ms. Ashlesha Sunil Hedau, Ms. Anisha Sunil Hedau.

5.

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