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Bombay High CourtMPT/236/2024disposed off

Nihar Kandarp Oza v. Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza

2024-07-04Hon'Ble Shri Justice N. J. Jamadar2 pages

20-MPT-236-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 236 OF 2024 Nihar Kandarp Oza

...Petitioner

Versus

Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza

...Respondent

*** Mr. Smit K. Nagda for Petitioner.

***

CORAM

:

N. J. JAMADAR, J.

DATE :

4th JULY 2024 by ETHAPE DNYANESHWAR ASHOK Date: 2024.07.05 17:59:07 +0530 ETHAPE DNYANESHWAR ASHOK 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.

Kandarp Prahladji Oza @ Kandrap Pralhadaji Oza (the deceased) was the father of the petitioner. The deceased passed away on 30th October 2012. At the time of his death, the deceased had a fixed place of abode at Flat No.4, B-Wing, Vaikunth Co-operative Housing Society Limited, Near Lallubhai Park, Andheri (West), Mumbai.

4.

The petitioner asserted that, the deceased died intestate and despite diligent search, no testamentary writing or Will has D.A.ETHAPE

20-MPT-236-2024 (OS).doc been found. The deceased has left behind his wife, Nina Oza and the petitioner. Nina Oza passed away on 23rd February 2022. A copy of the death certificate of Nina Oza is annexed to the petition at Exhibit-A. It is averred that apart from the petitioner, there is no other legal heir of the deceased. The Heirship Certificate is required to lay claim over the properties described in paragraph No.9 of the Petition.

5.

I have perused the averments in the petition. The documents annexed to the petition lend support to the averments in the petition. The widow of the deceased has passed away after the demise of the deceased. The petitioner appears to be the only surviving class-I heir of the deceased. I do not find any impediment in granting the Heirship Certificate. 7.

Hence, the following order:-

ORDER

(i) Petition stands allowed in terms of prayer clause (b). (ii) Issue of proclamation is dispensed with.

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