Sarala Ramesh Ved v. Ramesh Mathuradas Ved (Deceased)

30_MPT456_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.456 OF 2023 Sarala Ramesh Ved ...

Petitioner Ramesh Mathuradas Ved ...

Deceased Ms. Panthi Desai i/b. M. P. Vashi & Associates for Petitioner. CORAM : MANISH PITALE, J.

DATE :

FEBRUARY 12, 2024 P.C. :

.

Heard learned counsel for the petitioner.

2.

By this petition filed under the provisions of the Bombay Regulation Act VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. 3.

The deceased was the husband of the petitioner. The deceased expired on 06.04.2022. Copy of his death certificate is annexed to the petition.

4.

It is stated that at the time of his death, the deceased was an ordinary resident of 602, Sunita Co-operative Housing Society Limited, Gujjar Lane, Santacruz (West), Mumbai - 400 054. It is further stated that the deceased died intestate, without leaving behind any Will. It is also stated that the deceased is survived by the petitioner (widow) as also his son and daughter, details of whom are given in paragraph 4 of the petition.

5.

It is specifically stated that the parents of the deceased by MINAL SANDIP PARAB Date:

2024.02.13 16:14:54 +0530 MINAL SANDIP PARAB predeceased him and that the certificate is required in respect of the shares and other properties left behind by the deceased. The consent affidavits of the son and daughter of the deceased are annexed to the 1/2

30_MPT456_23.doc petition.

6.

In view of the above, the petition is accepted and proclamation is dispensed with. The petition is allowed in terms of prayer clause (a), which reads as follows:- "(a) That a legal heirship certificate certifying that (1) Sarala Ramesh Ved (widow of the deceased and the petitioner hereinabove), (2) Shweta Sandeep Haridas (married daughter of the deceased) and (3) Saurabh Ramesh Ved (son of the deceased) are the only heirs and legal representatives of the deceased under the provisions of the Bombay Regulation VIII of 1827."

7.

Considering the fact that the petitioner is a widow and a senior citizen, the department is directed to issue the certificate expeditiously. (MANISH PITALE, J.) Minal Parab 2/2