Shankar Ganesh Allagar Swami v. Allar Swami @ Alagar Swamy @ Alagar Swami (Deceased)

14-MPT48-20-MODIFIED.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 48 OF 2020 Shankar Ganesh Allagar Swami

...Petitioner

And M Allar Swami ...Deceased Mr VK Rajbhar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

9th February 2021 PC:- 1.

Accepted. Proclamation dispensed with.

2.

The Petitioner seeks a Legal Heirship Certificate under Shephali Mormare Section 2 of Bombay Regulation VIII of 1827 in respect of one M Allar Swami, who is said to have died intestate in Raigad, and was by Shephali Mormare Date: 2021.03.03 15:30:54 +0530 resident of Mumbai, on 29th September 2001. A copy of his death certifcate is annexed. The deceased was also known as Alagar Swamy or Alagar Swami.

3.

The deceased was survived by his widow, two out of three sons and a married daughter. The Petitioner is one of the two surviving sons. A third son died unmarried and without lineal descendants before the deceased on 29th November 2014. Their 9th February 2021

14-MPT48-20-MODIFIED.DOC names are mentioned in the tabulation below paragraph 2 of the petition. The consent Afdavits of the other heirs are annexed. The 4.

The Legal Heirship Certifcate is required for a compassionate appointment with the Maharashtra State Electricity Distribution Company Limited ("MSEDCL"). The MSEDCL or Mahavitaran has replied to the Petitioner's request, asking for a Heirship Certifcate. The Petitioner states that the deceased died intestate. No Will has been found.

5.

All the heirs have granted consent. No other Petition for a Heirship Certifcate, Succession Certifcate, Probate, or Letters of Administration with or without Will annexed has been fled. There is no impediment to the grant of relief.

6.

The petition is made absolute in terms of prayer clause (b). 7.

Heirship Certifcate be issued expeditiously.

8.

copy of this order.

(G. S. PATEL, J) Note: This order is modifed as per order dated 3rd March 2021. The corrections are shown in paragraph 2 in bold, italics and underlined. 9th February 2021