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Bombay High CourtMPT/332/2024disposed off

Vinitha Ravi Pillai v. Ravi Krishnan Pillai (Deceased)

2024-10-14Hon'Ble Shri Justice N. J. Jamadar2 pages

23-MPT-332-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 332 OF 2024 Vinitha Ravi Pillai

...Petitioner

Versus

Ravi Krishnan Pillai ...Deceased *** Ms. Krutika Valanja i/by Sunilraja Nadar for Petitioner. ***

CORAM

:

N. J. JAMADAR, J.

DATE :

14th OCTOBER 2024 PC.

:

by ETHAPE DNYANESHWAR ASHOK Date:

2024.10.15 10:04:33 +0530 ETHAPE DNYANESHWAR ASHOK 1.

Heard the learned Counsel for the Petitioner. 2.

This petition is filed for Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827.

3.

Ravi Krishnan Pillai, (the deceased) was the husband of the petitioner. The deceased passed away on 14th September 2022. At the time of his death, he had a fixed place of abode at B-204, Chheda Heights. LBS Marg, Bhadup West, Mumbai. 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 had left behind the petitioner, Janani Pillai, a daughter and Karthik Pillai, a son, the particulars of D.A.ETHAPE

23-MPT-332-2024 (OS).doc whom are furnished at serial Nos.2 and 3 in the table at paragraph No. 4 of the petition. The parents of the deceased have predeceased the deceased. The heirship certificate is required for formal recognition 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 claim of the petitioner. The petitioner, her daughter Janani, and son Karthik, appear to be the surviving class-I heirs of the deceased. Janani and Karthik have filed affidavit giving their consent for grant of heirship certificate. Thus, I do not find any impediment in granting the heirship certificate.

6.

Hence, the following order:

ORDER

(i) Petition stands allowed in terms of prayer clause (a). (ii) Proclamation dispensed with.

(iii) The grant of heirship certificate is expedited. (N. J. JAMADAR, J.) D.A.ETHAPE