Lakshmi Vaidyanathan v. C.R. Vaidyanathan (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2022.12.06 19:32:40 +0530 MUGDHA M PARANJAPE 1 36-MPT 40-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.40 OF 2022 C. R. Vaidyanathan ... Deceased Lakshmi Vaidyanathan ... Petitioner ----- Mr. B. G. Saraf a/w Ms. Samiksha Gopale for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH DECEMBER 2022 P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased C. R. Vaidyanathan ('the said deceased'), who is said to have died intestate in Mumbai on 07/01/2007. A copy of the death certificate of C. R. Vaidyanathan is also annexed to the Miscellaneous Petition. 2.

The Legal Heirship Certificate is required for claiming the share in plots of land situated at Sri Raghavendra Layout, Virakeralam Town Panchayat (sites in S. F. No.236/1pt, 237/1pt), Coimbatore Taluka, District Tamil Nadu. The said deceased left behind him the following persons as his only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the

2 36-MPT 40-22.doc following address :- Sr.

Full name and address of the next of kins Age Relationship with No.

the deceased 1.

Lakshmy Vaidyanathan, residing at A-11/004, Widow Yashashree, Gokuldham, Goregaon East, Mumbai - years 400 063.

2.

Ramchandran Chittur Son years (C.V. Ramchandran), 35468, Niles Blvd, Fremont CA 94536, U. S. A. presently at Mumbai 3.

C. V. Narayankumar, residing at 116, Oxford Creek Son Road, Cary NC 27519, U. S. A.

years 3.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. The consent affidavits of the legal heirs are also placed on record. 4.

The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "(a) That this Honorable Court be pleased to grant to the Heirship Certificate certifying that the Petitioner viz., LAKSHMY VAIDYANATHAN being widow RAMCHANDRAN CHITTUR (C.V. RAMCHANDRAN) being son and C. V. Narayankumar being son to be declared as

3 36-MPT 40-22.doc the legal heirs and legal representatives of the deceased C. V. Vaidyanathan under the provision of the Bombay Regulation Act VIII of 1827."

5.

The Registry shall issue the Legal Heirship Certificate in the name of the above persons in the standard format prescribed for the same. 6.

Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

7.

All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)