Anita Subhash Jagnani v. Subhash Lalchand Jagnani (Deceased)

8-MPT145-17.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 145 OF 207 Anita Subhash Jagnani

...Petitioner

And Subhash Lalchand Jagnani ...Deceased Mr Haresh B Demla , for the Petitioner.

CORAM: G.S. PATEL, J DATED:

6th February 2018 PC:- 1.

Accepted. The Petitioner and her daughter Neha are the only heirs of the deceased Subhash Lalchand Jagnani. Both the Petitioner and her daughter are personally present in Court. Neha is an adult and has consented. Hence, proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Subhash Lalchand Jagnani, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 13th October 2010. A copy of his death certificate is annexed.

6th February 2018

8-MPT145-17.DOC 3.

During his life time, the deceased lived at 502, Mount Palace Yogi Hill, Mulund (West), Mumbai 400 080. He also left properties in Mumbai, in Maharashtra and elsewhere in India. 4.

The deceased died intestate. No will has been found. No Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. 5.

The deceased was survived by the Petitioner, Anita S Jagnani, a widow and a daughter, Neha. Their names are mentioned in the tabulation below paragraph 4 of the petition. Neha has in Court and even otherwise formally consented to the grant of this legal heirship certificate.

6.

The Legal Heirship Certificate is required for the transfer the property of the deceased in the name of the legal heirs. 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 table below paragraph 4 namely, Mrs Anita Subhash Jagnani and Ms Neha Subhash Jagnani. 8.

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

Issuance of Legal Heirship certificate be expedited. (G. S. PATEL, J) 6th February 2018