Laxmi Perumal Nadar v. Muthuraj Ramakrishnan Son Of Ramakrishnan Narayana Nadar (Deceased)

27-MPT251-2024.DOC SANTOSH SUBHASH KULKARNI Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SANTOSH SUBHASH KULKARNI Date: 2024.07.29 11:05:47 +0530 TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 251 OF 2024 Laxmi Perumal Nadar

...Petitioner

Muthuraj Ramakrishnan Nadar ...Deceased Mr. Divesh Chamboowala, i/b Pradip Kadam, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

25th JULY, 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.

Muthuraj Ramakrishnan Nadar (the deceased) was the son of the petitioner. The deceased passed away on 5th April, 2024. At the time of his death, the deceased had a fixed place of abode at 103, Shivshakti Nagar, 90 Feet Road, Dharavi, Mumbai - 400 017, 4.

In the petition, it is averred that the deceased died intestate and despite diligent search no testamentary writing or Will has been found. The deceased left behind the petitioner as the only surviving Class-I heir of the deceased. 1/2

27-MPT251-2024.DOC He was bachelor. Apart from the petitioner, there is no other legal heir of the deceased. The heirship certificate is required to produce the same before the concerned Government and Semi-Government Authorities for formal recognition of the petitioner as the legal heir of the deceased. 5.

I have perused the averments in the petition. The documents annexed to the petition lend support to the averments in the petition. It appears that the deceased was a bachelor and is surviving by the petitioner alone. I, therefore, do not find any impediment in granting the heirship certificate.

6.

The petition stands allowed in terms of prayer clause (a), which reads as under:

"(a) The Heirship Certificate may be granted in favour of the petitioner Laxmi Perumal Nadar, Wife of Ramakrishnan Narayana Nadar and be pleased to declare as legal heir and legal representative of the deceased Muthuraj Ramakrishnan Son of Ramakrishnan Narayana Nadar under the provision of the Bombay Regulation Act VIII of 1827."

7.

Issue of proclamation is dispensed with.

8.

The grant of heirship certificate is expedited. [N. J. JAMADAR, J.] 2/2