Renee Milan Chanda v. Vijaysinh Shivdas Thakkar (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.42 OF 2017 Renee Milan Chanda ....Petitioner Vs.

Vijaysinh Shivdas Thakkar ....Deceased ---- Mr. Dhananjay Chandrakant Pathak for petitioner. ---- CORAM : K.R.SHRIRAM, J.

DATE : 5th APRIL, 2017 P.C.:

Accepted. The petitioner is the legal heir of the deceased - Vijaysinh Shivdas Thakkar, who is said to have died intestate on 4th December, 2005 in Mumbai, where he was ordinarily resident. At the time of his death, the deceased had left behind his widow - Jasoda Vijaysinh Thakkar and the petitioner. The widow - Jasoda Vijaysinh Thakkar expired on 28th July, 2007. Therefore, it is stated in the petition that the petitioner is the only surviving legal heir of the deceased - Vijaysinh Shivdas Thakkar. Hence, issuance of proclamation is dispensed with and miscellaneous petition is made returnable forthwith and taken up for hearing and final disposal.

The petitioner seeks Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, in respect of late Vijaysinh Shivdas Thakkar. A copy of the death certificate is also annexed to the petition. Gauri Gaekwad

2/2 24.MPT-42-2017.doc During his lifetime, the deceased it is stated, had a property in his name being Flat No.2A, 2nd Floor, Utsav Building, 42, Eswaran Koil Street, Puducherry (Pondicherry) - 605 001 and the Legal Heirship Certificate is required for adding the name of the petitioner in the records of the Government, Semi Government and other documents in place of the deceased.

It is also stated in the petition that no application has been filed in any Forum for grant of any Probate or for Letters of Administration with or without the Will or for Legal Heirship Certificate. Therefore, I do not find any impediment to the grant of the relief as sought. The petition is made absolute in favour of the petitioner - Renee Milan Chanda (Renee Vijaysinh Thakkar). All concerned to act on an authenticated copy of this order. (K.R. SHRIRAM, J.) Gauri Gaekwad