Rajul Parasmal Chopra v. Parasmal Nihalchand Chopra (Deceased)

by JITENDRA SHANKAR NIJASURE Date: 2022.06.18 16:59:20 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.7 OF 2022 Rajul Parasmal Chopra

...Petitioner

Versus

Shri Parasmal Nihalchand Chopra ...Deceased ---------- Mr. D.M. Tailor for the Petitioner.

---------- CORAM : R.I. CHAGLA J.

DATE : 16TH JUNE, 2022 ORDER :

1.

By the present Petition, the Petitioner seeks a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of the deceased Parasmal Nihalchand Chopra who expired at Mumbai on 29th August, 2017. A copy of the death certificate is also annexed at Exhibit A to the Petition. The deceased was survived by the Petitioner who is the widow of the deceased and three sons. The particulars of which are mentioned in tabular form at paragraph 4. Save and except the legal heirs mentioned in the tabular form at paragraph 4 the deceased left no other legal heirs and 1/3

next of kins.

2.

It is stated in paragraph 9 of the Petition that, the deceased had Demat Account and also having trading account with share and Stock broker, Vinod Shares and that the Legal Heirship Certificate is required to produce with the Share and Stock broker. 3.

The joint Consent Affidavit of the other legal heirs of the deceased namely three sons dated 22nd October, 2021 of the deceased has been filed. The legal heirs have given their free and full consent to issue the Legal Heirship Certificate without the service of proclamation and / or justifying the sureties for their shares in the estate of the deceased.

4.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without will annexed has been filed. Therefore, I do no find any impediment in granting the reliefs sought for in the present Petition. 5.

In the circumstances, the Miscellaneous Petition is accepted and made absolute in terms of prayer Clause (a), which 2/3

reads as under:

"(a) this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner abovementioned i.e. Smt. Rajul Parasmal Chopra as well as his three sons namely Shri Lalit Parasmal Chopra, Shri Yogesh Parasmal Chopra and Shri Nirmal Parasmal Chopra required to be submitted to the said Share and Stock Broker, Vinod Shares situated at Jodhpur, Rajasthan."

6.

Proclamation is dispensed with.

7.

Miscellaneous Petition is accordingly disposed of. No order as to costs.

[R.I. CHAGLA J.] 3/3