Vinta Rama Devi Alias Vinta Ramadevi v. Sairam Reddy Vintha Alias Vinta Sairam Reddy (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 172 OF 2023 Sairam Reddy Vintha alias Vinta Sairam Reddy son of Vinta Chandrashekar Reddy ...Deceased Vinta Rama Devi Alias Vinta Ramadevi alias wife of Vinta Chandrashekar Reddy

...Petitioner

--- Mr. Prabhu Velar a/w. Ms. Yogini A. Ugale for Petitioner. --- CORAM : ARIF S. DOCTOR, J.

th April, 2023 DATE : 11 P.C. :

1.

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 Sairam Reddy Vintha alias Vinta Sairam Reddy son of Vinta Chandrashekar Reddy ('the deceased'), who passed away on 22 nd June, 2010. 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.

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2.

Petitioner is the only heir and next of kin according to Hindu Succession Act, 1956.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 4.

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. 5.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is complete in all respect and deserves to be allowed in the interest of justice. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) and (b) which reads as under :- " (a)This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that (1) Vinta Rama Devi alias Vinta Ramadevi alias wife of Vinta Chandrashekar Reddy as the only legal heir and Legal representatives of the deceased i.e. Sairam Reddy Vintha alias Vinta Sairam Reddy son of Vinta Chandrashekar Reddy.

b) Issuance of Proclamation be dispensed with"

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7.

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

8.

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

(ARIF S. DOCTOR, J.) 3/3