Sayamma Yallappa Kunchikorve v. Yallappa Hasanappa Kunchikorve (Deceased)

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO.236 OF 2025 Sayamma Yallappa Kunchikorve ] and others ] Petitioners Yallappa Hasanappa Kunchikorve ] Deceased .....

Mr. Akash S. Mishra, for Petitioners.

.....

CORAM : ARIF S. DOCTOR, J.

th APRIL, 2025.

DATE : 28 P.C:

1.

Not on board. Mentioned. Taken on board.

2.

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 Yallappa Hasanappa Kunchikorve ('the deceased'), who died in Mumbai on 11 th 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.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.29 10:46:15 +0530

3.

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.

4.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous 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 clause (a) which reads as under.

a) that the Legal Heirship Certificate may be granted to the Petitioners and they be declared as legal heirs and legal representatives of the deceased, Yallappa Hasanappa Kunchikorve, under the provisions of Bombay Regulation Act VIII of 1827".

8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with. 9.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR J.]