Jaylaxmi Ramkrishna Shetty v. Ramkrishna Badila Shetty @ Ramakrishna Badila Shetty - Deceased
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2022.12.07 16:56:12 +0530 VARSHA DEEPAK GAIKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 194 OF 2022 Jaylaxmi Ramkrishna Shetty ...
Petitioner Ramkrishna Badila Shetty alias Ramakrishna Badila Shetty (deceased) ...
Respondent ------------------- Mr. Prabhu Velar I.by Mr. Ibrahim Haji Akbar Mulla for the Petitioner. --------------------- CORAM :VALMIKI SA MENEZES, J.
DATED :NOVEMBER 16 , 2022.
P.C. :
.
The Petitioner seeks a Legal Heirship Certificate under section 2 of Bombay Regulation VIII of 1827 in respect of deceased Ramkrishna Badila Shetty alias Ramakrishna Badila Shetty who died on 13th July 2018. A copy of his death certificate is at "Exhibit-A, page12" to the Petition. Aadhar Card of deceased which is at "Exhibit-A1, page-13" of the petition as a proof of permanent abode at Shahid Bhagar, Kenwar Ram Marg, 404, Nilgiri Building, Neelkanth Vihar, Ghatkopar (East), Mumbai, Maharashtra-400 077. The deceased has died intestate as stated in the petition. The petitioner is the widow of the deceased and has produced her Aadhar Card is at ' '
Exhibit-D, page 18". She was residing with the deceased person as seen in the Aadhar Card. Besides the petitioner the only legal heirs of the deceased are
their son, Ramprasad Ramkrishna Shetty and daughter, Smitha Praveen Menda, whose Aadhar Cards are produced at ' Exhibit-C & D'
respectively. Both Ramprasad Shetty and Smitha Menda have given their consent affidavits at page-19 and page-21 respectively of the petition, stating therein that they consent to issuance of the Legal Heirship Certificate in the name of the petitioner alongwith their names.
2.
According to the petitioner, there are no other legal heirs under the law applicable to the deceased except the petitioner and the children of the deceased as stated in the table at Paragraph-4 below of the petition.
3.
The reason for which the present petition is filed, as stated in paragraph 8 of the petition is that the Petitioner require the Legal Heirship Certificate to declare the petitioner and her aforesaid two children as the only heirs of the deceased in relation to the assets listed out in Schedule, at Exhibit-E, Page 22, to the petition. 4.
Considering that the son-Ramprasad and daughter-Smitha of the deceased have given their consent affidavits, proclamation is dispensed with. I find no impediment to the grant of relief sought by the petitioners.
5.
The Petition is made absolute in terms of prayer clause (a) in favour of the petitioner, which is reproduced hereunder :
"This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Jaylaxmi Ramkrishna Shetty (Widow), (2) Ramprasad Ramkrishna Shetty (Son) and (3) Smitha Praveen Menda (Daughter) all being the only Legal heirs and legal representatives of the said deceased abovenamed." 6.
Registry to act upon this order and issue Legal Heirship Certificate.
(VALMIKI SA MENEZES, J)