Satya Prakash Radha Vallabh Sharma v. Radha Vallabh Sharma (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.03.27 10:28:22 +0530 MUGDHA M PARANJAPE 1 13-MPT 132-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.132 OF 2022 Radha Vallabh Sharma ... Deceased Satya Prakash Radha Vallabh Sharma ... Petitioner ----- Mr. Sandesh Kamble i/by Premlata Jain for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH MARCH 2023 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 one Radha Vallabh Sharma ('the deceased'), who died on 25/04/2004. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.

The persons mentioned in the table in Paragraph 3a are the only legal heirs and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death.

2 13-MPT 132-22.doc 3.

The reason, for which the Legal Heirship Certificate is required, is set out in paragraph 12 of the Miscellaneous Petition. 4.

The requisite consent affidavits of other legal heirs of the deceased are annexed to the Petition.

5.

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. 6.

I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- " a.

that the legal Heirship Certificate thereby certifying the Petitioner Mr. Satya Prakash Radha Vallab Sharma and Mr. Shiv Prakash Sharma, Mr. Vishnu Prakash Sharma, Mrs. Prabha Sharma as legal heirs and representatives of the deceased be granted to the Petitioner."

3 13-MPT 132-22.doc 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

In view of the consents given by all the legal heirs of the deceased, issuance of Proclamation is dispensed with.

10.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)