Anita Prafulkumar Kargathra v. Jigna Prafulkumar Kargathra

18-MPT-77-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 77 OF 2024 Anita Prafulkumar Kargathra

...Petitioner

Versus

Jigna Prafulkumar Kargathra

...Respondent

*** Mr. Deepak Pandey for Petitioner.

*** by ETHAPE DNYANESHWAR ASHOK Date:

2024.06.25 20:24:54 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

24th JUNE 2024 PC.

:

1.

Heard the learned Counsel for the applicant.

2.

This application is for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827. 3.

Jigna Prafulkumar Kargathra (deceased) was the daughter of the petitioner. She passed away on 21st March 2023. At the time of her death, she had a fixed place of abode at Room No.11, D-Wing, Jaydeep CHS, Opp. Marve Road, Kharodi, Malad (W) Mumbai.

4.

The petitioner asserted that the deceased was a spinster. The deceased died intestate and despite diligent search no D.A.ETHAPE

18-MPT-77-2024 (OS).doc testamentary writing or Will has been found. The father of the deceased passed away on 29th April 2022. Apart from the petitioner, there is no other legal heir left behind by the deceased.

5.

It is averred that the Succession Certificate is required to obtain the title deeds which the deceased had deposited with HDFC Bank to avail the loan.

6.

The averments in the petition are supported by the copies of the death Certificate of the deceased and her father. The petitioner appears to be the only surviving legal heir of the deceased. Thus, I do not find any impediment in granting the Heirship Certificate. Hence, the following order:-

ORDER

(i) Petition stands allowed in terms of prayer clause (a). (ii) Issue of proclamation is dispensed with.

(iii) The grant of heirship certificate is expedited. (N. J. JAMADAR, J.) D.A.ETHAPE