Yellu Marappa Baini v. Balappa Ramappa Baini Deceased

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISC.PETITION NO.5 OF 2017 Mr.Yellu Marappa Baini ....Petitioner ---- Mr.Praful H.Salvi i/by Arunkumar and Associates for the petitioner. ---- CORAM : K.R.SHRIRAM,J DATE : 29.3.2017 P.C.:- Petition accepted.

The petitioner is the legal heir of the deceased. All the other legal heirs have consented. Hence, issuance of proclamation is dispensed with and the Misc. Petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner seeks a legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Balkrishna Ramappa Baini, an unmarried individual who died intestate on 31.1.2000 in Mumbai where he was ordinarily residing. A copy of the death certificate is annexed. The deceased was survived by his mother. His mother Smt.Mariamma Ramappa Baini died on 8.3.2005. A copy of her death certificate is annexed to the petition. The petitioner's father whose name is at serial no.2 in the Tabulation at paragraph-7 is the brother of the deceased. The persons against serial nos.3, 4, 5, 6 & 7, the petitioner being at serial no.3, are the

children of the brother of the deceased who is at serial no.2. All the other legal heirs have consented to the grant of legal heirship certificate.

During his life time, the deceased was living in a Room No.V/J/209, Dr.Babasaheb Ambedkar Shatabdi Nagar, Sector-5, Cluster J, Dharavi, Mumbai-400 017 (the said room). It is stated that the deceased had transferred the room in favour of the petitioner by an affidavit dated 9.8.1999. A copy of the affidavit is at Exh.B to the petition. MHADA had redeveloped the cluster, pursuant to which occupants of room no.V/J/209 became entitled to an alternative premises.

It is stated in the petition that when MHADA conducted survey of sector 5, in which said room was situated, the petitioner was declared non-eligible occupier because the original occupier was the deceased. The petitioner therefore, filed an appeal before the appellate authority, which appeal is pending. The petitioner states that to be entitled to the room under the cluster redevelopment scheme of MHADA, the petitioner will have to produce legal heirship certificate. The petitioner has annexed to the petition the affidavits of those persons mentioned at serial nos.2, 4, 5, 6 & 7 in the tabulation of paragraph-7 of the petition. No other petition for heirship certificate

or succession certificate or probate or Letters of Administration with or without Will has been filed as stated in the petition. Therefore, there is no impediment to the grant of relief sought. The petition is made absolute in favour of (1) Mr.Marappa Ramappa Baini ; (2) Mr.Yellu Marappa Baini ; (3) Mrs.Yellamma Chandrashekhar Chalwadi ( Nee-Yellamma Marappa Baini) ; (4) Mr.Ravi Marappa Baini ; (5) Mrs.Anita Mahesh Chalwadi (Nee- Anita Marappa Baini) and (6) Mr.Parmesh Marappa Baini.

Petition accordingly, disposed All parties to act on a copy of this order duly authenticated by the Associate of this Court.

(K.R.SHRIRAM,J)