Sanjay Shankar Dervankar @ Panchal v. Parvati Shankar Panchal (Deceased)

✔ habeeb 10 MPT 158.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO. 158 OF 2015 Sanjay S. Dervankar @ Panchal .. Petitioner ...

Mr. D. R. Mishra for Petitioner.

CORAM : A. K. MENON, J.

DATE : JANUARY 5, 2016.

P.C.:

.

This is an application for issuance of legal heir-ship certificate under Section 2 of the Bombay Regulation VIII of 1927. The petitioner is the son of the deceased Parvati Shankar Panchal. The other heirs of the deceased husband of the pre-deceased on or about 22nd July 2004. The death certificate copy of which is annexed at Exh. E. The other heirs are 3 married daughters namely (1) Vijaya Vilas Velanskar

(2) Pranali Prakash Mistry (3) Archana Anil Parulekar and 2 brothers of the petitioner (1) Sanjay Shankar Dervankar @ Panchal (2) Sudesh Shankar Panchal.

2] All these persons have consented to the grant of legal heirship certificate as evident by the affidavits of consent dated 3rd September 2015 which are annexed to the present petition. The petitioner has

✔ habeeb 10 MPT 158.2015 stated that the deceased was entitled to accommodation in Room No. 14, New room No. 53/2/7, Behind Teachers Colony, Mishra Chawl, Sai Baba Nagar, Khar (E) Mumbai - 400051, and had approached the Maharashtra Housing and Area Development Authority (MHADA) for allotment of the new alternate accommodation to which the deceased were entitled. The MHADA has issued letter on 4th April 2015 addressed to Pranali Mistry, daughter of the deceased, calling upon her to provide a certificate of heirship from the competent Court. Accordingly the present petition has been filed. Vide order dated 14th December 2015 the petition was accepted and proclamation was dispensed with. In the circumstances I pass the following order;

(a) The petition is made absolute in terms of prayer clause (a) (b) There will be no order as to costs.

(A. K. MENON, J.)