Premila Gautam Rajput v. Gautam B Rajput (Deceased)

923-MPTL2117-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION (L) NO. 2117 OF 2016 Premila Gautam Rajput

...Petitioner

And Gautam Bhikaji Rajput ...Deceased Mr. Prabhu Velar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

24th October 2016 PC:- 1.

Accepted. All other heirs having consented, a proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Gautam B. Rajput Alias Gautam Bhikaji Rajput, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 9th August 2007. A copy of his death certificate is annexed. 3.

The deceased was survived by his widow, two son and two married daughters. Their names are mentioned in the tabulation below paragraph 4 of the petition.

24th October 2016

923-MPTL2117-16.DOC 4.

During his lifetime, the deceased took a housing loan by means of an equitable mortgage. That loan account is closed but the Bank to whom the property was mortgaged requires a Legal Heirship Certificate to release the original title documents mortgaged with them.

5.

All the heirs have consented. 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) in favour of the persons mentioned in the table below paragraph 4, namely, Smt. Premila Gautam Rajput, Punam Yashwinkumar Maindan, Varsha Vishal Khimeshra, Chetan Gautam Rajput and Ranjit Gautam Rajput.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 24th October 2016