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Bombay High CourtMPT/19/2018disposed off

Reshma Madhukar Gaikwad v. Madhu Kisan Gaikwad (Deceased)

2018-01-23Hon'Ble Shri Justice G.S. Patel2 pages

30-MPTS2463-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION (L) NO. 2463 OF 2017 Reshma Madhu Gaikwad

...Petitioner

And Madhu Kisan Gaikwad ...Deceased Ms Dhruti Kapadia, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

23rd January 2018 PC:- 1.

Accepted. The Petitioner is the wife of the deceased. The other heirs are their minor son and a daughter. Hence, issuance of proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 2.

There is an error in the name of the father of the heirs set out in the second row of a tabulation below paragraph 4. Amendment to be carried out by 5.00 p.m. on 25th January 2018 without need of reverification.

3.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Madhu Kisan Gaikwad, who is said to have died intestate in Mumbai 23rd January 2018

30-MPTS2463-17.DOC on 7th April 2017. She was ordinarily resident of Shivaji Nagar, Chagan Mitha Petrol Pump, C.S.

T. Road, Chembur, Mumbai 400

071. A copy of her death certificate is annexed. The other heirs are minor daughter and a son. Their names are mentioned in the tabulation below paragraph 4 of the petition. 4.

The Legal Heirship Certificate is required for production before the Slum Rehabilitation Authority where the deceased was allotted Hut No. 14, Shivaji Nagar, Chembur, CTS No. 14. 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) in favour of the persons mentioned in the table below paragraph 4, namely, Reshma Madhu Gaikwad, Shraddha Madhu Gaikwad and Siddhesh Madhu Gaikwad.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 23rd January 2018