Ramaben S. Chudasama v. Hirabai Kanji Chudasam (Deceased)

 *1* 9-MPT-162-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.162 OF 2015 Ramaben S. Chudasama

...Petitioner

V/s.

Hirabai Kanji Chudasama ...Deceased .........

Mr. Prabhu Velar, Advocate for the Petitioner. .......

CORAM : A. K. MENON, J.

DATE : 14TH JANUARY, 2016.

P.C.:

This is an application for issuance of legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of the deceased Hirabai Kanji Chudasama. The Petition discloses the names of the heirs and next of kin of the deceased in paragraph 4. Of these the husband and son of the deceased have expired. Copies of the death certificates of the deceased Kanjibhai, Hirabai and Shantilal Chudasama are annexed at Exhibits A, A-1 and A-2. The Petitioner is the daughter-inlaw of the deceased. Sonal is the daughter of the Petitioner, who has executed affidavit of consent dated 6.10.2015. The Petitioner has sought issuance of legal heirship certificate in order to enable her to collect Shivgan

 *2* 9-MPT-162-2015.doc service dues and family pension due to the deceased from the Maharashtra State Electricity Distribution Company Limited (MSEDCL). A copy of the letter from the MSEDCL dated 12.8.2006 is annexed at Ex.'F' to the Petition whereby the MSEDCL has called upon the Petitioner to produce a legal heirship certificate. In the circumstances, proclamation having been dispensed with and in view of consent of the daughter, the Petition is made absolute in terms of prayer clause (a). There shall be no order as to costs.

(A. K. MENON, J.) Shivgan