Sunita Srichand Asrani And ANR v. Shanti Srichand Asrani Alias Shanti S Asrani (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.01.31 09:41:19 +0530 MULEY SHUBHAM PRAVINRAO 1 922-MPT-26-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 26 OF 2025 Sunita Srichand Asrani & Anr.

...Petitioners

Shanti Srichand Asrani alias Shanti S Asrani ...Deceased ----------------- Mr. Manish Shroff for the Petitioners.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 30TH JANUARY, 2025 P.C.:- 1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Shanti Srichand Asrani alias Shanti S. Asrani ('the deceased'), who died at Mumbai on 30 th January, 2018. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2.

The deceased left behind her surviving as her only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. 4.

The Registry has duly verified the Petition. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

5.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that (1) Sunita Srichand Asrani, (Un-Married Daughter of the Deceased and Petitioner No.1) and (2) Navin Srichand Asrani (Son of the Deceased and Petitioner No.2 herein) are the only heirs and Legal representativesof the Deceased." 7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

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The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

9.

Proclamation is dispensed with.

(ARIF S. DOCTOR, J.) 3/3