Nirav Vinod Shah And ANR. v. Vinod Lakshmshi Shah - Deceased
MUGDHA M PARANJAPE MUGDHA M PARANJAPE Date: 2022.12.13 18:59:47 +0530 1 20-MPT 273-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.273 OF 2022 Vinod Lakhamshi Shah ... Deceased Nirav Vinod Shah & Anr.
... Petitioners ----- Mr. Ashish Verma for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
12TH DECEMBER 2022 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 deceased Vinod Lakhamshi Shah ('the deceased'), who is said to have died intestate in Mumbai on 04/07/2019. A copy of the death certificate of the deceased is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai.
2.
The Legal Heirship Certificate is required to be produced before the concerned authorities for transferring the properties in the name of the legal heirs of the deceased.
2 20-MPT 273-22.doc 3.
The said deceased left behind him the following persons as his only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the following address :- Sr.
Name and Address Age Relationship with No.
the deceased 1.
Nirav Vinod Shah Son years Residing at : Flat No.15/16, Eight Floor, Kailash (Petitioner No.1 Ashish Apartment, Near Kalidas Hall, Dr. Ambedkar abovenamed) Road, Mulund (West), Mumbai - 400 080.
2.
Harshil Vinod Shah Son years Residing at : Flat No.15/16, Eight Floor, Kailash (Petitioner No.2 Ashish Apartment, Near Kalidas Hall, Dr. Ambedkar abovenamed) Road, Mulund (West), Mumbai - 400 080.
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. The Petitioners are the only legal heirs of the deceased. 5.
The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioners under the provisions of Bombay
3 20-MPT 273-22.doc Regulation VIII of 1827 certifying that the petitioners are the only heirs and legal representatives of the deceased" 6.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
7.
Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
8.
All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)