Sangeeta Rajendra Mayekar Nee Sangeeta Prabhakar Patil v. Prabhakar Gangaram Patil Alias P. G. Patil

904_MPT_17_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 17 OF 2024 Sangeeta Rajendra Mayekar @ Sangeeta Prabhakar Patil... Petitioner Prabhakar Gangaram Patil @ P. G. Patil ...

Deceased Mr. Ajit S. Hodage for petitioner.

CORAM : MANISH PITALE, J.

DATE :

07th FEBRUARY, 2024 P.C. :

.

Heard learned counsel for the petitioner. By this petition, filed under the provisions of Bombay Regulation VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased.

2.

Deceased was the father of the petitioner. The deceased died in Mumbai on 22.07.2013. Copy of his death certificate is annexed at Exhibit A to the petition. It is stated that at the time of his death, the deceased was ordinarily residing at Sahyadri Niwas, 1st floor, Room No. 120, Dr. Maheshwari Road, Noor Baug, Dongri, Chinchbunder, Mumbai-400009. It is further stated that the deceased died intestate, without leaving behind any testamentary writing or Will.

3.

In paragraph No.4 of the petition, the petitioner has given details of the surviving legal heirs of the deceased. The table in the said paragraph shows that the deceased is survived by four daughters, including the petitioner herein. It is further stated that the parents of the deceased pre1/2

904_MPT_17_24.doc deceased him and that his wife expired on 27.09.2020. Copy of her death certificate is annexed at Exhibit B to the petition. 4.

At Exhibit G alongwith the petition, the petitioner has placed on record a joint consent affidavit given by the other three daughters of the deceased. 5.

This Court has perused the contents of the joint consent affidavit. 6.

It is stated that the legal heirship certificate is required in respect of tenancies concerning the Maharashtra Housing and Area Development Authority.

7.

Considering the material placed on record, the petition is accepted and proclamation is dispensed with. The petition is allowed in terms of prayer clause (a), which reads as follows:

"(a) This Hon'ble Court be pleased to issue Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith the heirs mentioned in Para 4 hereinabove are the only heirs and legal representatives of the said Deceased;" (MANISH PITALE, J.) by PRIYA KAMBLI Date:

2024.02.09 14:16:29 +0530 Priya Kambli PRIYA KAMBLI 2/2