Alka Sharma D/O Jagdish Sharma And 2 ORS. v. Kanta Sharma W/O Jagdish Sharma - Deceased

kvm 1/2 16-MPT27.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 27 OF 2019 Smt.Kanta Sharma w/o Late Jagdish Sharma ..... Deceased Alka Sharma D/o. Jagdish Sharma & Ors.

..... Petitioners Mr.Deepak Pandey, i/b. NT Legal & Co. for the Petitioners. CORAM :

R.D. DHANUKA, J.

DATE :

27th FEBRUARY, 2019 P.C.

By this Miscellaneous Petition, the petitioners pray for grant of heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827. The deceased Smt.Kanta Sharma w/o Late Jagdish Sharma died on 1st June, 2017. A copy of the death certificate is annexed to the petition. It is stated in paragraph (3) of the petition that the deceased died intestate. The names of the legal heirs and next-of-kin are disclosed in paragraph (4) of the petition. It is stated that the deceased left behind him surviving as his only heirs and next-of-kin as per Hindu Succession Act, 1956 whose names are disclosed in the paragraph (4) of the petition. It is stated that the said deceased had married Mr.Jagdish Sharma who predeceased the said deceased. The death certificate of the husband of the said deceased has also annexed to the petition.

2.

Learned counsel appearing for the petitioner states that except the petitioners, there are no other legal heirs and next-of-kin of the said

kvm 2/2 16-MPT27.19 deceased Smt.Kanta Sharma w/o Late Jagdish Sharma. . The statements made in the petition and by the learned counsel across the bar are accepted. Proclamation is dispensed with. The petitioners have made out a case for issuance of heirship certificate as prayed. 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.]