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Bombay High CourtMPT/500/2024disposed off

Pranita Pravin Mhatre Nee Neeta Suresh Thakur v. Suresh Baburao Thakur (Deceased)

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

24-MPT-500-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 500 OF 2024 Pranita Pravin Mhatre Nee Neeta Suresh Thakur

...Petitioner

Versus

Suresh Baburao Thakur ...Deceased *** Mr. Manoj Mane for the petitioner.

*** by ETHAPE DNYANESHWAR ASHOK Date:

2024.10.15 14:24:27 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

14th OCTOBER 2024 PC.

:

1.

Heard the learned Counsel for the Petitioner. 2.

This petition is preferred for issue of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827. 3.

Suresh Baburao Thakur, (the deceased) was the father of the petitioner. The deceased passed away on 7th May 2021. At the time of his death, he had a fixed place of abode at Room No.413, A-Wing, 4th Floor, Transist Camp, Dnyaneshwar Nagar, R. A. Kidwai Road, Wadala, Mumbai.

4.

The petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased had left behind the petitioner and Sunita D.A.ETHAPE

24-MPT-500-2024 (OS).doc Thakur, his widow. Sunita Thakur passed away on 29th January 2024. A copy of death certificate of Sunita Thakur is annexed at Exhibit-B to the Petition. The parents of the deceased predeceased him. There is no other legal heir. The heirship certificate is required to lay claim over the property described in schedule of property (Exhibit-E).

5.

I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioner. Sunita Thakur, the widow of the deceased, has passed away on 29th January 2024. The petitioner appears to be the surviving class-I legal heir of the deceased. 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