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Bombay High CourtMPT/140/2017disposed off

Ashish Bharat Pawar v. Bharat Sakharam Pawar (Deceased)

2018-01-31Hon'Ble Shri Justice G.S. Patel2 pages

7-MPT140-17.DOC Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 140 OF 2017 Bharat Sakharam Pawar ...Deceased And Ashish Bharat Pawar

...Petitioner

Mrs Bina S Shivhare, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

31st January 2018 PC:- 1.

The Petition was accepted on 6th February 2017 and the proclamation was dispensed with.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Bharat Sakharam Pawar, father who is said to have died intestate in Mumbai on 3rd October 2016. He was ordinarily resident at 702 6/C New MHADA, Kannamwar Nagar 2, Vikhroli (E), Mumbai 400

083. His death Certificate is annexed 3.

The deceased left no Will and none has been found. No Petition for Probate, Letters of Administration with or without Will annexed or Succession Certificate has been filed. 31st January 2018

7-MPT140-17.DOC 4.

The deceased was survived by his widow, one son and a married daughter. The other legal heirs have granted consent and their Affidavits are annexed to the Petition. 5.

During his lifetime, the deceased was employed with MHADA. The Legal Heirship Certificate is required by the Petitioner to make an application seeking employment on compassionate grounds.

6.

There is no impediment to the grant of relief. 7.

The Petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the tabulation below paragraph 4 of the Petition, namely, Vandana Bharat Pawar, Ashish Bharat Pawar, Aparna Vaibhav Salwe.

8.

All concerned to act on an authenticated copy of this order. 9.

Issuance of Legal Heirship Certificate is expedited. (G. S. PATEL, J) 31st January 2018