Kartikkumar Arun Salve v. Arun Baburao Salve (Deceased)

903-MPT17-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 17 OF 2018 Karikkumar Arun Salve

...Petitioner

And Arun Baburao Salve ...Deceased Mr Kuldeep Tanaji Pawar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

26th July 2018 PC:- 1.

The Petition was accepted on 1st March 2018. Pursuant to the orders of that date, proclamation has been issued. There is an Affidavit proving issuance of proclamation. None has come forward. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Arun Baburao Salve, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 16th March 2010. A copy of his death certificate is annexed.

3.

During his lifetime, the deceased lived at Room No. 9506, Building No. 243, Kannamwar Nagar-2, Vikhroli (East), Mumbai 400 083.

26th July 2018

903-MPT17-18.DOC 4.

The deceased was married to one Shobha. They have one son, Kartikkumar, the present Petitioner. The deceased's widow has filed a Consent Affidavit. The deceased's nephew was staying with the deceased but has no right to his estate. The deceased was survived by his widow, Shobha and their son Kartikkumar, the present Petitioner.

5.

During his lifetime, the deceased was working with the Rationing Office, Vikhroli (East), Mumbai 400 083 as a Rationing Officer. The Legal Heirship Certificate is sought to make an application to that office for employment on compassionate ground. 6.

No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.

7.

The petition is made absolute in terms of prayer clause (a). 8.

The legal heirship certificate is to be issued expeditiously. 9.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 26th July 2018