Durgappa Sunkappa Kunchikorve v. Sunkappa Durgappa Kunchikorve (Deceased)

6-MPT5-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 5 OF 2016 Sunkappa Durgappa Kunchikorve ...Deceased And Durgappa Sunkappa Kunchikorve

...Petitioner

Mr. S.U. Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

7th June 2016 PC:- 1.

The Petition was accepted and proclamation was dispensed with by an order dated 9th February 2016.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Sunkappa Durgappa Kunchikorve, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 9th October 2002. A copy of his death certificate is annexed.

3.

The Petitioner is survived by the persons whose names are set out in a table below paragraph 3 of the Petition. The Petitioner is the son. The other heir is the widow. She has consented. The other heirs of the deceased predeceased him.

7th June 2016

6-MPT5-16.DOC 4.

The Legal Heirship Certificate is required in relation to an application for employment on compassionate ground and to claim Provident Fund dues.

5.

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.

6.

The petition is made absolute in terms of prayer clause (a), which reads thus:

"(a)the Legal Heirship Certificate along with other Legal Heir certifying that the Petitioner being the legal heirs and representatives of the deceased may be granted to the Petitioner;"

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 7th June 2016