Chandrakala Babu Kuchan And Nikhil Laxmi Akula v. Babu Mallaya Kuchan @ Laxmi Narsaya (Deceased)

49-MPT77-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 77 OF 2016 Babu Mallayya Kuchan Alias Laxmi Narasayya Akula Alias Akula Laxmi Narsaya ...Deceased And Chandrakala Babu Kuchan & Another

...Petitioners

Mr. N.P. Dalvi, for the Petitioners.

CORAM: G.S. PATEL, J DATED:

14th September 2016 PC:- 1.

Accepted. The Petitioners are the widow and son of the deceased. The mother has consented. Hence, proclamation is dispensed with. The Petition is made returnable forthwith. 2.

The Petitioners seek a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of Babu Mallayya Kuchan alias Laxmi Narasayya Akula alias Akula Laxmi Narsaya, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 24th October 2007. A copy of his death certificate is annexed. The deceased was survived by his widow, one son and his mother. Their names are mentioned in the tabulation below paragraph 4 of the petition.

14th September 2016

49-MPT77-16.DOC 3.

During his lifetime, the deceased worked with the Municipal Corporation for Greater Mumbai, G/North Ward. The Petitioner has sought employment on humanitarian and compassionate grounds.

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 reads 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 Petitioners 1) Chandrakala Babu Kuchan (Widow) and 2) Nikhil Laxmi Akula (Son) along with Ansuya Mallayya Kuchan are the only heirs and legal representatives of the deceased."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 14th September 2016