Santosh Prakash Satardekar v. Bharati Mohan Satardekar Nee Bharati Pandurang Shinde (Deceased)

4-MPT179-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 179 OF 2017 Bharati Mohan Satardekar Alias Bharati Pandurang Shinde ...Deceased

Versus

Santosh Prakash Satardekar

...Petitioner

Ms Leena Rajesh Temkar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

28th March 2018 PC:- 1.

The Petition was accepted on 31st January 2018. I directed issuance of proclamation. This has been issued. There is an Affidavit proving service.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Bharati Mohan Satardekar, who is said to have died intestate in Mumbai on 2nd January 1997. She was ordinary resident at 183/A6612 Kannamwar Nagar, Vikhroli, Mumbai 400 083. A copy of her death certificate is annexed.

3.

The Petitioner had no children and that her husband Mohan died before her, on 7th September 1995. She is said to have been 28th March 2018

4-MPT179-17.DOC survived by the deceased's husband's brother, Prakash. Paragraph 4 of the Petition also says that Bharati's parents and her husband's, Mohan's parents also died before her, that she herself had no siblings and that her husband Mohan had an only brother Prakash. Prakash died on 15th September 2012 and his own heirs are, namely, his widow and three children. Their names are mentioned in a tabulation below paragraph 4 of the Petition. The Petitioner is Prakash's son and is thus a nephew of the deceased by marriage. 4.

During his lifetime, the deceased served as a Security Guard in the Suraksha Rakshak Mandal, Brihanmumbai and Thane District. The Petitioner has sought employment on compassionate ground and need a Legal Heirship Certificate for the same. 5.

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 clause (a) in favour of the persons listed at Serial Nos. 1-a, 1-b, 1-c and 1-d, mentioned in the table below paragraph 4, namely, (i) Pramila Prakash Satardekar, (ii) Santosh Prakash Satardekar, (iii) Amol Prakash Satardekar, and (iv) Ankita Prakash Satardekar. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 28th March 2018