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Bombay High CourtMPT/27/2016disposed off

Narayan Hari Gurav v. Harri Babalya Gurav (Deceased)

2016-04-22Hon'Ble Shri Justice G.S. Patel2 pages

13-MPT-27-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.27 OF 2016 Harri Babalya Gurav alias Hari Bablya Gurav alias Hari Bablya ...Deceased And Narayan Hari Gurav

...Petitioner

Ms.Madhuri Gaikwad, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

22nd April 2016 PC:- 1.

Accepted. The Petitioner is the only legal heir of the deceased. Hence, proclamation dispensed with and the Petition is made returnable forthwith.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Harri Babalya Gurav alias Hari Bablya Gurav alias Hari Bablya, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 24th December 1985. A copy of his death certificate is annexed.

13-MPT-27-2016.DOC 3.

The Petitioner is the only surviving legal heir of the deceased. The parents of deceased died before him. His wife Rukminibai Hari Gurav died on 21st January 1994. A copy of her death certificate is annexed to the Petition. 4.

The deceased was a tenant in respect of immovable property Room being No.55 in Anaji Master Chawl No.3, K.G. Marg, Saitan Chowki, Mumbai 400 025. The Legal Heirship Certificate is required for the purpose of transfer the room in the name of Petitioner.

5.

Since the Petitioner is the only surviving heir, issuance of proclamation has been dispensed with. 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.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the Petitioner.

(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner is the only heirs and legal representatives of the said deceased.

7.

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