Rupo Jethanand Bellara v. Bhagwandas Jethanand Bellara

917-MPT-24-15.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 24 OF 2015 Bhagwandas Jethanand Bellara alias Bhagwandas J. Bellara ...Deceased And Rupo Jethanand Bellara

...Petitioner

Mr. Mohd. Suffiyan Umar Lakdawala, for the Petitioner. CORAM: G.S. PATEL, J DATED:

8th May 2015 PC:- 1.

The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Bhagwandas Jethanand Bellara, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 25th January 2012. A copy of his death certificate is annexed.

2.

At the time of the deceased's death, the only surviving heirs were his two brothers and two married sisters. The names of the heirs are set out in paragraph 4 of the Petition. The Petitioner is the brother of the deceased.

917-MPT-24-15.DOC 3.

During his lifetime the deceased held a licence from the Excise Department. The heirship certificate is required for a transfer of that licence.

4.

A proclamation has been issued. None have come forward. 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. 5.

The Petition is made absolute in terms of prayer clause (a). A legal heirship certificate to be issued in the names of the heirs set out in paragraph 4 of the Petition, namely, Mr. Ramesh Jethanand Bellara, Mr. Rupo Jethanand Bellara, Ms. Radha Jethanand Bellara, Ms. Padmini Jethanand Bellara.

6.

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