Jivanlal Kuverji Jobanputra(Thakkar) v. Pushpaben Devji Pawani @ Pushpaben Kuverji Jobanputa(Thakkar) (Deceased)

25-mpt137-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.137 OF 2016 Smt.Pushpaben Devji Pawani ...Deceased Jivanlal K. Jobanputa (Thakkar)

...Petitioner

Ms.Kalpana Trivedi for the Petitioner.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 27TH JUNE, 2017.

P.C. :- 1.

By this petition filed under section 2 of the Bombay Regulation Act VIII of 1827, the petitioner seeks heirship certificate in respect of late Smt.Pushpaben Devji Pawani, who expired on 5th November, 2001. A copy of the death certificate is annexed. 2.

In paragraph 6 of the petition, the names of all the heirs and next of kin are disclosed. The petitioner has filed the consent affidavits of Mannubhai Kuverji Thakkar and Pankaj Chhotalal Thakkar along with the petition giving their consent for grant of heirship certificate to the petitioner.

3.

Learned counsel for the petitioner states that except the 1/2

25-mpt137-16 names disclosed in paragraph 6 of the petition, there are no other legal heirs of the said deceased. The deceased left no son or daughter. The husband of the deceased pre-deceased the deceased. The brother of the deceased pre-deceased the deceased. The deceased left two brothers and no sister. The statements made in the affidavits and by the learned counsel appearing for the petitioner across the bar are accepted.

4.

The Miscellaneous Petition No.137 of 2016 is accordingly made absolute in terms of prayer clause (a).

5.

The delay, if any, in filing the petition is condoned. No order as to costs.

(R.D. DHANUKA, J.) 2/2