Jamuna Mariya Maligili v. Shrinivasulu Mariya Maligili (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.04.11 11:02:26 +0530 MUGDHA M PARANJAPE 1 26-MPT 48-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.48 OF 2023 Shrinivasulu Mariya Maligili ... Deceased Jamuna Mariya Maligili ... Petitioner ----- Advocate Enait Shaikh i/by Advocate Qudrat U. Shaikh for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

10TH APRIL 2023 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 one Shrinivasulu Mariya Maligili ('the deceased'), who died on 03/08/2018. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.

The Petitioner is the sole legal heir and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death.

2 26-MPT 48-23.doc 3.

The reason, for which the Legal Heirship Certificate is required, is set out in paragraph 7 of the Miscellaneous Petition. 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. 5.

I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- " a.

This Hon'ble Court be pleased to issue a Legal Heirship Certificate in favour of the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner, alongwith the heirs mentioned herein above the only heirs and legal representatives of the deceased." 7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

3 26-MPT 48-23.doc 8.

Since the Petitioner is the only legal heir of the deceased, issuance of Proclamation is dispensed with.

9.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)