Daljinder Kaur Bal v. Lakhwinder Singh Bal (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 156 OF 2017 Daljinder Kaur Bal

...Petitioner

Versus

Lakhwinder Singh Bal ...Deceased Ms Sonia Sunil, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

Heard.

2.

The Petition is for Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827. The Petitioner is the widow of the deceased. The other heir is their minor 4-year-old daughter. 3.

The Petition is accepted. In view of these facts, issuance of proclamation is dispensed with. The Petition is returnable forthwith and taken up for hearing and final disposal.

4.

The Petitioner seeks a Legal Heirship Certificate in respect of one Lakhvinder Singh Bal, who is said to have died intestate in

Mumbai, where he was ordinarily resident, on 7th September 2016. A copy of his death certificate is annexed.

5.

At the time of his death the deceased resided with the Petitioner and their minor daughter at 106A, Collectors' Colony, Chembur, Mumbai 400 074. He left property in Greater Bombay. 6.

The deceased left no Will or testamentary instrument. 7.

The Petitioner and the minor daughter Jalseen are the two heirs of the deceased. Their names are set out below paragraph 4. The parents of the deceased died before him. There are no other legal heirs of his next to kin.

8.

In paragraph 5 the Petitioner has set out the properties owned by the deceased and comprised in his estate. This includes a plot of land with a structure at Collectors' Colony, Chembur, valued at Rs. 3 crores. There is semi-detached house on this. This is in joint names of the deceased and his brother, Surinder Singh Bal, who died later. The deceased had 50% fractional interest in this property. The Petitioner also owned a LMV model Toyota Qualis vehicle bearing Registration No. MH-04 BW 9937.

9.

It is in respect of this estate that the Petitioner has brought this Petition.

10. 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.

11. The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, Daljinder Kaukr Bal and Jasleen Kaur Bal.

12. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J)