Latha Atulkumar Tolia v. Atulkumar Sevantilal Tolia (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2022.12.05 17:51:53 +0530 MUGDHA M PARANJAPE 1 25-MPT 155-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.155 OF 2022 Atulkumar Sevantilal Tolia ... Deceased Latha Atulkumar Tolia ... Petitioner ----- Ms. Dhara Shah i/by Satish J. Agarwal for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

05TH DECEMBER 2022 P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased Atulkumar Sevantilal Tolia ('the said deceased'), who is said to have died intestate in Mumbai on 28/05/2021. A copy of the death certificate of Atulkumar Sevantilal Tolia is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai. 2.

The Legal Heirship Certificate is required to facilitate the transfer of the half share of the deceased in the immovable property being B-102, Vastu Tower, Tower-1, Evershine Nagar, Malad West, Opp. Ryan International School, Mumbai, Maharashtra - 400064. The said deceased left behind him the

2 25-MPT 155-22.doc following persons as his only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the following address :- Sr.

Names and addresses of the heirs of the deceased Age Relationship with No.

abovenamed the deceased 1.

Latha Atulkumar Tolia Wife of the years deceased B-102, Vastu Tower, Tower-1, Evershine Nagar, Malad West, Opp. Ryan International School, (Petitioner) Mumbai, Maharashtra - 400064.

2.

Ananya Atulkumar Tolia Minor Daughter of years the deceased B-102, Vastu Tower, Tower-1, Evershine Nagar, Malad West, Opp. Ryan International School, Mumbai, Maharashtra - 400064.

3.

Bhanumati Sevantilal Tolia Mother of the years deceased 3.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 4.

The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "(a) That the Petitioner and her minor daughter Ananya Atulkumar Tolia and Bhanumati Sevantilal Tolia be declared as the only legal heirs of Late Atulkuar Sevantilal Tolia"

3 25-MPT 155-22.doc 5.

The Registry shall issue the Legal Heirship Certificate in the name of the above person in the standard format prescribed for the same. 6.

Miscellaneous Petition is accordingly disposed of. No order as to costs.

7.

All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)