Ganesh Shrirang Bobade v. Gajendra Shrirang Bobade (Deceased)
22.MPT.36.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 36 OF 2022 Ganesh Shrirang Bobade ...
Petitioner And Gajendra Shrirang Bobade ...
Deceased Mr. Siddharth Desai for the Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 25th FEBRUARY, 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 Gajendra Shrirang Bobade, who expired at Mumbai on 13.04.2017. A copy of the death certificate is annexed at Exhibit-A to the Petition. The deceased was survived by the Petitioner, who is the brother of the deceased and the only surviving legal heir. The parents of the deceased predeceased the deceased. It is stated that the legal heirship certificate is required for Waghmare 1/2
22.MPT.36.22.doc obtaining all the dues which is pending in the name of the deceased during the service rendered by the deceased at K.E.M. Hospital, Parel, Mumbai, alongwith the Provident Fund and Gratuity. Considering that the Petitioner is the only surviving legal heir, there is no question of consent of other heirs being required. 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.
That the Heirship Certificate may be granted certifying that Petitioner Mr. Ganesh Shrirang Bobde, the Brother of the deceased to be declared as the legal heir and legal representative of the deceased Mr. Gajendra Shrirang Bobde under the provision of the Bombay Regulation Act, VIII of 1827."
Proclamation is dispensed with.
The Miscellaneous Petition is accordingly disposed of. No order as to costs.
Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.02.26 14:23:57 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2