Milind Dasharath Narvekar v. Samidha Milind Narvekar (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 5 OF 2022 Milind Dasharath Narvekar ...
Petitioner And Samidha Milind Narvekar ...
Deceased Mr. Rajiv Deokar for the Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 21st JANUARY, 2022.
(V.C.) ORDER:
By the present Petition, the Petitioner seeks a legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of the deceased Samidha Milind Narvekar, who expired at Navi Mumbai on 10.05.2021. A copy of the death certificate is annexed to the Petition. The deceased was survived by the Petitioner, who is the husband of the deceased and the only surviving legal heir. The deceased had no children from the marriage with the Petitioner. 1/3
It is stated in the Petition that the legal heirship certificate is required for transfer of ten fully paid up shares of Rs.50/- each numbering from 111 to 120 from the name of the deceased to the Petitioner in respect of the Flat No.503, Krishna Heights, Sector 36, Plot No.31, Kamothe, Navi Mumbai 410 209, which was held jointly by the Petitioner and the deceased and for deletion of the name of the deceased from the share certificate.
Considering that the Petitioner is the only surviving legal heir of the deceased, there is no question of consent of any other legal heir being required in the present case.
No other Petition for legal 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) which reads thus :
"a.
This Hon'ble Court be pleased to issue Heirship Certificate to the Petitioner certifying that the Petitioner Milind Dasharath Narvekar is the only legal heir and legal representative of the deceased Samidha Milind Narvekar." 2/3
Proclamation is dispensed with.
The Miscellaneous Petition is accordingly disposed of. No order as to costs.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.01.24 16:07:39 +0530 WAISHALI SUSHIL WAGHMARE 3/3