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Bombay High CourtMPT/229/2024disposed off

Dalbir Kaur Joginder Singh Alias Dalbir Kaur Kartar Singh Mehta v. Late Arvinder Kartar Singh Mehta Deceased

2024-06-26Hon'Ble Shri Justice N. J. Jamadar2 pages

24-MPT-229-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 229 OF 2024 Dalbir Kaur Joginder Singh Alias Dalbir Kaur Kartar Singh Mehta

...Petitioner

Versus

Late Arvinder Kartar Singh Mehta ...Deceased *** Mrs. Sujata R. Babar for Petitioner.

*** Digitally signed by SANTOSH SUBHASH KULKARNI Date:

2024.06.28 09:23:16 +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.

Arvinder Kartar Singh Mehta (deceased), was the sister of the petitioner. She passed away on 1st February 2022. At the time of her death, she had a fixed place of abode at Sion, Mumbai.

4.

In the petition it is averred that the deceased was a spinster. Parents of the deceased have predeceased her. Copies of the Death Certificates of the father and mother of the deceased are annexed at Exhibit B and C to the petition. D.A.ETHAPE

24-MPT-229-2024 (OS).doc 5.

It is further averred that the deceased had died intestate, and despite diligent search, no testamentary writing or Will has been found. Apart from the petitioner, there are two other sisters of the petitioner as mentioned in paragraph 4 of the petition. The sisters of the petitioner have filed affidavits giving consent to grant Heirship Certificate.

5.

I have perused the averments in the petition. They find support in the documents annexed to the petition. Parents of the deceased appear to have predeceased her. The petitioner and other heirs mentioned in paragraph 4 appear to be the only surviving legal heirs of the deceased. Rest of the heirs have filed affidavits giving consent to grant Heirship Certificate. 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