Daksha Narendra Mehta v. Narendra Vithaldas Mehta (Deceased)

2024:BHC-OS:17368 32 mpt 203 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.203 OF 2024 Daksha Narendra Mehta ...

Petitioner Narendra Vithaldas Mehta ...

Deceased Ms. Suman Chauhan i/by Mr. Pranot Pawar, for Petitioner. CORAM: N.J.JAMADAR, J.

DATE :

22 OCTOBER 2024 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

This petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827.

3.

Narendra (deceased) was the husband of the Petitioner. The deceased passed away on 8 December 2020. At the time of her death, the deceased had a fixed place of abode at at D/402, Deepraj Apartments LT Road, Vazira Naka, Borivali West, Greater Mumbai 400091.

4.

The Petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased had left behind the Petitioner and two sons Sohil and Amay, particulars of whom are furnished in the table at paragraph No.4 of the Petition. The parents of the deceased predeceased him. There is no other legal heir. Heirship certificate is required for a formal declaration that the Petitioner and her two sons are the legal heirs of the deceased. SSP 1/2

32 mpt 203 of 2024.doc 5.

I have perused the averments in the Petition. The documents lend credence to the claim of the Petitioner. The Petitioner and her two sons, namely, Sohil and Amay appear to be the surviving Class I legal heirs of the deceased. Sohil and Amay have filed affidavits giving their consent for grant of heirship certificate. I do not find any impediment in granting heirship certificate to them.

6.

Hence, the following order :

ORDER

(i) The Petition stands allowed in terms of prayer clause (a), which reads as under :

"(a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Daksha Narendra Mehta,( the Widow of the Deceased and the Petitioner abovenamed),

(2) Sohil Narendra Mehta ( the Son of the Deceased abovenamed) and (3) Amay Narendra Mehta, (the Son of the deceased abovenamed) are the only heirs and Legal representatives of the deceased.

(ii) Issue of proclamation is dispensed with.

(iii) Grant expedited.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 23/10/2024 11:09:53