Latha Puttan Vittal Shivarajan v. Puttan Vittal Shivarajan @ Puttan Vittal Shivaraj - Deceased

24-mpt-168-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION IN T.& I.J. NO.168 OF 2018 Puttan Vittral Shivarajan @ Puthan Vittal Shivaraj ...Deceased vs.

Latha Puttan Vittal Shivarajan

...Petitioner

Mr. V.C. Murlidharan, for the Petitioner.

CORAM : R.D. DHANUKA, J.

DATE :

JANUARY 22, 2019 P.C.:

.

By this Miscellaneous Petition, the Petitioner who is widow of the deceased Puttan Vittral Shivarajan @ Puthan Vittal Shivaraj who died on 2nd June, 2018 prays for grant of heirship certificate under Section 2 of the Bombay Regulation Act VIII of 1827. The Petitioner No. 1 is wife, Nos. 2 and 3 are married daughters of the deceased. A copy of the death certificate is annexed to the Petition at Exhibit A. The names of the legal heirs are disclosed in the Petition at paragraph 5. It is stated that the deceased left behind his surviving as his only heirs and next of kins as per Hindu Succession Act, 1956 whose names are disclosed in the Petition. The parents of the deceased predeceased the deceased. Save and except the legal heirs whose names are Vishal Parekar 1/2

24-mpt-168-2018.doc mentioned, there are no other legal heirs left by the said deceased. 2.

The consent affidavit of the legal heirs are annexed to the Petition at page 19 to 21 giving their full and free consent for grant of the heirship certificate in favour of the Petitioners without service of any proclamation upon them and without justifying any surety in respect of their shares in the estate of the deceased. The said consent affidavits are taken on record. The statements made in the Petition and the affidavit are accepted. The proclamation is dispensed with. The Petitioners have made out a case for grant of relief in terms of prayer clause (a).

3.

The Miscellaneous Petition is made absolute in terms of prayer clause (a).

4.

The office is directed to issue heirship certificate expeditiously. No order as to costs.

(R.D. DHANUKA, J.) Vishal Parekar 2/2