Megha Janardan Tandel Nee.Megha Ramchandra Thakur v. Mohini Ramchandra Thakur (Deceaed)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 31 OF 2021 Megha Janardan Tandel Nee Megha Ramchandra Thakur ...
Petitioner And Mohini Ramchandra Thakur ...
Deceased Mr. Hrishikesh V. Tambat for the Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 4th DECEMBER, 2021.
ORDER :
Heard the learned Counsel for the Petitioner. By this Miscellaneous Petition, the Petitioner is seeking legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827 certifying that the Petitioner along with other legal heirs mentioned in paragraph No.5 of the Petition, are the only legal heirs and representatives of the deceased in respect of the property and credits set forth in Schedule No.I annexed to the Petition.
The deceased Mohini Ramchandra Thakur died intestate in Mumbai on 15.10.2018. Copy of the death certificate is annexed at 1/3
Exhibit-A to the Petition. The deceased was survived by the Petitioner and two other legal heirs being Samir Ramchandra Thakur, the son of the deceased and Satyajit Ramchandra Thakur, the other son of the deceased. No other legal heirs other than the Petitioner and the aforementioned persons were left by the deceased. The said Samir Ramchandra Thakur and Satyajit Ramchandra Thakur have filed their consent affidavits dated 30.12.2019 and 07.12.2020 giving their no objection to the heirship certificate being issued in the name of the Petitioner and consent to the Petitioner to receive their share in the property and credits of the deceased.
The legal heirship certificate is required as the concerned offices and departments of the Bank and insurance Company have insisted upon furnishing of heirship certificate of the deceased for claiming the deceased property and credits set forth in schedule No.I annexed to the Miscellaneous Petition.
No other Petition for 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. The Petition is accepted and made absolute in terms of prayer clause (a) of the Miscellaneous Petition which reads thus : 2/3
(a) this Hon'ble Court be pleased to grant "Heirship Certificate" to Petitioner, having effect throughout the state of Maharashtra, under the provisions of Bombay Regulation VIII of 1827, certifying that the petitioner along with other legal heirs mentioned in paragraph No.5 of the petition are the only legal heirs and representatives of deceased in respect of the property and credits set forth in Schedule No.I annexed to the Petition.
Proclamation is dispensed with.
The Miscellaneous Petition is disposed of accordingly. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2021.12.06 05:14:30 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE 3/3