Vinaykumar Vijaykumar Shetty v. Vijay Kumarshetty Alisa Vijaykumar Shetty Alias Vijaykumar C. Shetty (Deceased)

915-MPT173-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 173 OF 2017 Vinaykumar Vijaykumar Shetty

...Petitioner

And Vijay Kumar Shetty alias Vijaykumar Shetty alias Vijaykumar C Shetty alias Vijaykumar Chandu Shetty alias Vijay Kumar Chandu Shetty ...Deceased None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

16th January 2018 PC:- 1.

Accepted. The Petitioner is the son of the deceased. The other heirs are the deceased's widow and daughter. They have consented. Hence, issuance of proclamation is dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Vijay Kumar Shetty alias Vijaykumar Shetty alias Vijaykumar C Shetty alias Vijaykumar Chandu Shetty alias Vijay Kumar Chandu Shetty, who died in Tirumala, Chittoor, Andhra Pradesh on or about 30th December 2012. A copy of his death certificate is annexed. During his lifetime, the deceased was permanently resident at A-101, 16th January 2018

915-MPT173-17.DOC Vaibhav Apartments, Old Prabhadevi Road, Prabhadevi, Behind Gammon House, Mumbai 400 025.

3.

The deceased was survived by his widow, Sulochana, the Petitioner, his son, and his married daughter Sarika. Sulochana and Sarika have filed consent affidavits at Exhibits "B" and "C" to the Petition. The parents of the deceased have died before him. 4.

The Legal Heirship Certificate is required for submission to the Registrar of Firms as also to the various Government and other authorities including MIDC, Thane. This is because the deceased carried on business in partnership at Wagle Industrial Estate, Thane.

5.

The deceased left no Will. 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 clauses (a) and (b) in favour of the persons mentioned in the table below paragraph 4, namely, Vinaykukmar Vijaykumar Shetty, Sulochana Vijaykumar Shetty and Sarika Prasad Shetty nee Sarika Vijaykumar Shetty.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 16th January 2018