Prithvi Raju Solanki v. Raju Surajmal Solanki (Deceased)

22-MPT-195-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 195 OF 2024 Prithvi Raju Solanki

...Petitioner

Versus

Raju Surajmal Solanki (deceased) ...Deceased *** Ms. Shamika S. Ranade for Petitioner.

*** Digitally signed by SANTOSH SUBHASH KULKARNI Date:

2024.06.28 09:22:50 +0530 SANTOSH SUBHASH KULKARNI

CORAM

:

N. J. JAMADAR, J.

DATE :

26th JUNE 2024 PC.

:

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.

Raju Surajmal Solanki (deceased), was the father of the petitioner. He passed away on 3rd September 2023. At the time of his death, he had a fixed place of abode at Goregaon (W.), Mumbai.

4.

In the petition it is averred that the deceased had died intestate, and despite diligent search, no testamentary writing or Will has been found. Apart from the petitioner, Khushali Raju D.A.ETHAPE

22-MPT-195-2024 (OS).doc Solanki, the widow, and Tejas Raju Solanki, another son of the deceased, are the only surviving class-I legal heirs of the deceased. Khushali Raju Solanki and Tejas Raju Solanki have filed a joint affidavit giving no objection for grant of Heirship Certificate. The petitioner, Khushali and Tejas appear to be the only surviving class-I legal heirs of the deceased. I do not find any impediment in granting Heirship Certificate. 6.

Hence, the following order:

ORDER

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

(iii) Issue of grant expedited.

(N. J. JAMADAR, J.) D.A.ETHAPE