Ghirag Shivji Nanda v. Shivji Manji Nanda (Deceased)

906-MPT41-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 41 OF 2016 Shivji Manji Nanda ...Deceased And Ghirag Shivji Nanda

...Petitioner

Mr. Kunal Tiwari, i/b R. I.

Tiwari, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

8th June 2016 PC:- 1.

Accepted. The Petitioner is the son of the deceased. The other heirs are the deceased's widow and daughter, i.e., the mother and sister of the Petitioner. They have consented. Hence, proclamation dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Shivji Manji Nanda, who is said to have died intestate at Vapi on 12th March 2015. A copy of his death certificate is annexed. The deceased was a permanent resident of Mumbai and lived at 36-D, MHADA Row House, Goregaon (East), Mumbai 400 065. The deceased was survived as noted above, by the Petitioner, the 8th June 2016

906-MPT41-16.DOC Petitioner's mother, and the Petitioner's sister. Their names are mentioned in the tabulation below paragraph 4 of the petition. 3.

The Legal Heirship Certificate is required for the purposes of production in relation to the audit of the deceased's manufacturing business of plastic moulded items carried out in the name of Chiarag Industries, Daman, Gujarat.

4.

No other Petition for a 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.

5.

The petition is made absolute in terms of prayer clause (a), which read thus:

"(a)This Hon'

ble Court be pleased to issue a Legal heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner, along with the heirs mentioned herein above are the only heirs and legal representative of the deceased."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 8th June 2016