Atmuri Venkata Lakshmi Aruna Siva Kumari v. Atmuri Durga Prasad Venkata Ramana Babu (Deceased)

1 43-MPT-42-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 42 OF 2025 Atmuri Venkata Lakshmi Aruna Siva Kumari

...Petitioner

Atmuri Durga Prasad Venkata Ramana Babu ... Deceased ----- Adv. Memon Yunus Habibbhai for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Atmuri Durga Prasad Venkata Ramana Babu ('the deceased'), who died in Hyderabad on 22 nd December 2023. 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 him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

2 43-MPT-42-2025.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 8 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.

5.

The Petition has been duly verified by the Registry. 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. 6.

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. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clauses (a) and (b) 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) Smt. Atmuri Venkata Lakshmi Aruna Siva Kumari, (the Widow of the deceased and the Petitioner

3 43-MPT-42-2025.doc herein), (2) Atmuri Mahalakshmi W/o Ramanujam Chekka (the Mother of the deceased abovenamed) and (3) Atmuri Sai Lakshmi Tejaswi, (the Daughter of the deceased abovenamed) are the only heirs and Legal representatives of the deceased.

b) That issuance of Proclamation be dispensed with." 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.)