Jyostana Ramuji Ingole v. Ramuji Zinguji Ingole Alias Ramu Zinguji Ingole (Deceased)

14.MPTL.27847.2023II.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION (LODGING) NO. 27847 OF 2023 (This order is corrected as per speaking to the minutes of the order dated 11th December, 2023) Ramuji Zinguji Ingole alias Ramu Zinguji Ingole ...Deceased Jyotsana Ramuji Ingole

...Petitioner

***  Mr. D. Arjun Wani i/b Jayant Arjun Wani, for Petitioner SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2023.12.15 11:39:07 +0530 *** CORAM : MANISH PITALE, J.

DATE : 07th NOVEMBER, 2023.

P. C. :

1.

Heard learned Counsel for the Petitioner.

2.

By this petition, the Petitioner is seeking issuance of legal heir-ship certificate in favour of the surviving legal heirs of the deceased. The Petitioner is one of the daughters of the deceased. 2.

It is stated that the deceased died on 27th April, 2020. Copy of death certificate is annexed to the petition. 3.

It is stated that the deceased at the time of his death had a fixed place of abode at Room No. 201/3, Sai Kunj Co-operative Housing Society Ltd., New Mhada Colony, Near NNP Dindoshi, Goregaon (East), Greater Mumbai - 400 065, Maharashtra, India and he has left behind property within Bhayander (East), District Thane in the state of Maharashtra.

4.

It is further stated that the deceased died instate, without Shrikant Malani

14.MPTL.27847.2023II.doc leaving behind any Will.

5.

In paragraph no. 4 of the petition, details of the surviging legal heirs are given, which includes a widow, one son and three daughters, including the Petitioner herein.

6.

It is stated that the legal heir-ship certificate is required in the name of all the aforesaid legal heirs, in respect of the movable and immovable properties left behind by the deceased. 7.

At Exhibit "D" is a joint Consent Affidavit given by all the other legal heirs mentioned in paragraph no. 4 of the petition. 8.

In view of the above, the petition is accepted and proclamation is dispensed with.

9.

In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows :

"A.

The Certificate of Heirship thereby certifying the Petitioner along with heirs mentioned in para 4 of the Petition be and are recognized as heirs of the deceased Ramuji Zinguji Ingole alias Ramu Zinguji Hingole, in the form of under Section 2 of Bombay Regulation VIII of 1827 be granted to in favour of the Petitioner."

(MANISH PITALE, J.) Shrikant Malani