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Bombay High CourtMPT/30/2015disposed off

Ratanlal Parmeshwar Kausal v. Parmeshwar Gaiprasad Kausal (Deceased)

2015-04-24Hon'Ble Shri Justice G.S. Patel2 pages

924-MPT-30-15.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 30 OF 2015 Parmeshwar Gaiprasad Kausal ...Deceased And Ratanlal Parmeshwar Kausal

...Petitioner

Mr. Mohd. Suffiyan Lakdawala, for the Petitioner. CORAM: G.S. PATEL, J DATED:

24th April 2015 PC:- 1.

The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Parmeshwar Gaiprasad Kausal, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 30th November 1996. A copy of his death certificate is annexed.

2.

At the time of the deceased's death, the only surviving heirs were his widow and the two other heirs. The names of legal heirs and next of kin are set out in paragraph 4 of the petition. The Petitioner is the son.

924-MPT-30-15.DOC 3.

The heirship certificate is required for the transfer of a Gala in a MHADA Area.

4.

The proclamation has been dispensed with. 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. 5.

The Petition is made absolute in terms of prayer clause (a). A legal heirship certificate will be issued in the names of the persons mentioned below paragraph 4 of the Petition, namely, Pyarubai Parmeshwar Kausal, Mr. Ratanlal Parmeshwar Kausal, Smt. Radha Ramayan Sinha.

6.

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