Shanthi Sudersanam v. Sudersanam K S G (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 247 OF 2022 Shanthi Sudersanam ...

Petitioner And Sudersanam K.S.G.

... Deceased Mr. B.G. Saraf a/w Ms. Samiksha Gopale for the Petitioner. CORAM : R.I. CHAGLA, J.

DATED : 17th NOVEMBER, 2022.

ORDER :

By the present Petition, the Petitioner seeks a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of the deceased Sudersanam K.S.G. who expired at Mumbai on 13.12.2019. A copy of the death certificate is at Exhibit-A to the Petition. The deceased was survived by the Petitioner who is the widow of the deceased and one son of the deceased. The particulars of the surviving legal heirs of the deceased are mentioned in the tabular form at paragraph 4 of the Petition. Save and except these Legal Heirs, there are no other legal heirs surviving the deceased. 1/3

It is stated in paragraph 7 of the Petition that the Legal Heirship Certificate is required for transfer of the flat described in the said paragraph as well as Club Mahindra Card membership No.2171429 and the car mentioned in the said paragraph in favour of the widow and son of the deceased.

The other legal heir of the deceased being the son of the deceased has filed consent affidavit giving full and free consent for the Legal Heirship Certificate to be issued in favour of the Petitioner without service of any citation notice upon him and without justifying any surety in respect of the share in the estate of the deceased. No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. Therefore, I do not find any impediment in granting the relief sought for in the present Petition. The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(a) "That this Hon'ble Court be pleased to grant to the Heirship Certificate certifying that the Petitioner viz. SHANTHI SUDERSANAM the Petitioner & SURYANARAYAN SUDERSANAM, being SON to be 2/3

declared as the legal heirs and legal representatives of the Deceased SUDERSANAM K.S.G. under the Bombay Regulation Act VIII of 1827 ;"

Proclamation is dispensed with.

Miscellaneous Petition is accordingly disposed of. No order as to costs.

The Office is directed to expedite the issuance of Legal Heirship Certificate.

by WAISHALI SUSHIL WAGHMARE Date:

2022.11.19 15:34:13 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 3/3