Sachin Mahadeo Samant v. Mahadeo Malhar Samant (Deceased)

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2022.11.25 17:44:08 +0530 VARSHA DEEPAK GAIKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 188 OF 2022 Sachin Mahadeo Samant ...

Petitioner Mahadeo Malhar Samant (Deceased) ...

Respondent ------------------- Mr. Prabhu Velar for the Petitioner.

--------------------- CORAM :VALMIKI SA MENEZES, J.

DATED :NOVEMBER 16 , 2022.

P.C. :

.

The Petitioner seeks a Legal Heirship Certificate under section 2 of Bombay Regulation VIII of 1827 in respect of his fatherdeceased Mahadeo Malhar Samant, who passed away on 21st January 2022 at Dadar, Mumbai. A copy of his death certificate is at "Exhibit-A" to the Petition. Aadhar Card of deceased which is at Exhibit-C to the petition has been produced as a proof of his residence and permanent abode. The deceased died intestate and his wife Suniti Mahadeo Samant was pre-deceased having expired on 26th July 2021. Her death certificate has been produced on record at Exhibit-B, page-15 to the petition. The deceased was survived by his two sons. Their names are mentioned in tabular form below Paragraph 4 of the petition. The Aadhar Card of the petitioner has been produced at Exhibit-C, page-16 to the petition while the Aadhar Card of the other heir i.e. Deepak

Samant-son of the deceased has been produced at Exhibit-D, page 17 to the petition.

2.

The Legal Heirship Certificate is stated to be required for transferring the share certificate and flats which are described in Item No. 1 and 2 of Schedule of Assets, Exhibit-F, page - 21 annexed to the petition.

3.

Heir- Mr. Deepak Samant, son of the deceased who is not a petitioner herein has filed his consent to issuance of the Legal Heirship Certificate by way of consent affidavit dated 6th July 2022, which is at Exhibit- 'E' to the petition. Since there is waiver of notice and a consent of the other legal heir for issuance of certificate by filing affidavit along with petition, proclamation is dispensed with. 4.

The deceased has died intestate, I find no impediment to the grant of relief sought by the petitioner. 5.

The Petition is made absolute in terms of prayer clause (a) in favour of the petitioner, which is reproduced hereunder : "This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Sachin Mahadeo Samant (Son) (2). Deepak Mahadeo Samant (Son) are the only legal heirs of the deceased i.e. Mahadeo Malhar Samant alias M.M. Samant."

6.

Registry to act upon this order and issue Legal Heirship Certificate.

(VALMIKI SA MENEZES, J)