Nilaksh Balu Kamble v. Balu Bhuja Kamble - Deceased
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 193 OF 2021 Nilaksh Balu Kamble ...
Petitioner And Balu Bhuja Kamble ...
Deceased Mr. S.A. Desai i/b Mr. Ganesh Chavan for the Petitioner. CORAM : R.I. CHAGLA, J.
DATED : 25th FEBRUARY, 2022.
ORDER :
By the present Petition, the Petitioner is applying for legal heirship certificate under Section 2 of Bombay Regulation Act, VIII of 1827 in respect of the deceased Balu Bhuja Kamble, who expired at Mumbai on 08.07.2013. A copy of the death certificate is annexed at Exhibit-A to the Petition. The deceased was survived by the Petitioner, who is the son of the deceased, widow of the deceased, another son of the deceased and daughter of the deceased. The particulars of the legal heirs have been mentioned in the tabular form at paragraph 3 of the Petition. The parents of the deceased predeceased the deceased. Save and except 1/3
the legal heirs of the deceased mentioned in the tabular form at paragraph 3 of the Petition, there are no other heirs and next of kin left by the deceased.
It is stated that the legal heirship certificate is required to produce before the office of the Charity Commissioner for proving that the Petitioner as heir of the deceased and enable the Petitioner to get the job for the post of clerk-cum-typist in the office of Charity Commissioner. The other legal heirs of the deceased have filed their consent affidavit giving their full and free consent for legal heirship certificate to be issued in favour of the Petitioner, without service of proclamation upon them and without any surety being justified in respect of their share in the estate of the deceased.
No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. I do not find any impediment in granting the relief sought for in the present Petition.
The Petition is accepted and made absolute in terms of prayer clause (a) which reads thus :
2/3
"a.
That the Legal Heirship Certificate may be granted to the Petitioner certifying that Usha Balu Kamble, Nishant Balu Kamble, Nilaksh Balu Kamble (Petitioner) and Trushali Balu Kamble, are the legal heirs and representatives of the said deceased under the Provisions of the Bombay Regulation Act, VIII of 1827."
Proclamation is dispensed with.
The Miscellaneous Petition is accordingly disposed of. No order as to costs.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.02.26 17:28:41 +0530 WAISHALI SUSHIL WAGHMARE 3/3