Ulka Shahsikant Bedekar v. Shashikant Vinayak Bedekar (Deceased)

kvm 1/2 10-MPT161.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC.PETITION NO. 161 OF 2018 Shashikant Vinayak Bedekar ..... Deceased Ulka Shashikant Bedekar ..... Petitioner Ms.Sonia Redkar, a/w. Ms.Sheetal Chavan for the Petitioner. CORAM :

R.D. DHANUKA, J.

DATE :

19th DECEMBER, 2018 P.C.

By this Miscellaneous Petition, the petitioner prays for grant of heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827 of the deceased Mr.Shashikant Vinayak Bedekar who died at Mumbai on 11th June, 2018. A copy of the death certificate is annexed to the petition. The names of the legal heirs are disclosed in paragraph

(4) of the petition. The petition is filed by the widow of the deceased. It is stated in the petition that the said deceased left behind him only the legal heirs and next of kins as per Hindu Succession Act, 1956 whose names are disclosed in the paragraph (4) of the petition. The said deceased died leaving behind his mother, widow and the only daughter described in paragraph (4) of the petition. The deceased had no son. Save and except the names mentioned therein, there are no other legal heirs and next of kin left by the deceased. 2.

The petitioner has filed consent affidavit of Ms.Sulbha Vinayak Bedekar and Ms.Nikita Shashikant Bedekar both dated 19th

kvm 2/2 10-MPT161.18 August,2018 giving their full and free consent for grant of the heirship certificate in favour of the petitioner without service of any citation/notice/proclamation upon them and without justifying any surety in respect of their share in the estate of the deceased. Consent affidavits are taken on record. The statements made in the affidavit are accepted.

3.

The Miscellaneous Petition is made absolute in terms of prayer clause (A).

4.

The office is directed to issue heirship certificate expeditiously. No order as to costs.

[R.D. DHANUKA, J.]