Swati Ankit Shah v. Ankit Surendra Shah(Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.03.04 13:55:19 +0530 MUGDHA M PARANJAPE 1 12-MPT 33-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.33 OF 2023 Ankit Surendra Shah ... Deceased Swait Ankit Shah ... Petitioner ----- Ms. Nidhi Saraf for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

03RD MARCH 2023 P.C. :

1.

The name of Mr. Surendra Shah, mentioned in the table in Paragraph 4 of the Miscellaneous Petition as a legal heir of the deceased be deleted as said Mr. Surendra Shah comes under the head of Class-II heir. Amendment to be carried out forthwith. Re-verification is dispensed with. 2.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Ankit Surendra Shah ('the deceased'), who died in Mumbai on 03/01/2022. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2 12-MPT 33-23.doc 3.

The persons mentioned in the table in Paragraph 4 are the only legal heirs and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death. 4.

The reason, for which the Legal Heirship Certificate is required, is set out in paragraph 7 of the Miscellaneous Petition. 5.

The requisite consent affidavits of the other legal heirs are annexed to the Petition.

6.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 7.

I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

8.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :-

3 12-MPT 33-23.doc " (a) That this Hon'ble Court be pleased to issue the Legal Heirship Certificate in the Form of Appendix 'B' of the Bombay Regulation Act VIII of 1827 Recognizing in favour of all the lawful heir of the Deceased Mr. Ankit Surendra Shah who died on 3rd January, 2022"

9.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

10.

In view of consent affidavits filed on record, the issuance of proclamation is dispensed with.

11.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)