Akshay Umesh Rikame v. Govind Krishna Rikame Alias Govind Krishna (Deceased)

2024:BHC-OS:20066

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.518 OF 2024 Akshay Umesh Rikame ...

Petitioner Govind Krishna Rikame @ Govind Krishna ...

Deceased Mr. Prabhu Velar, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

5 DECEMBER 2024 P.C.

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.

Govind Krishna Rikame (deceased) was the grandfather of the Petitioner. The deceased passed away on 10 December 1985. At the time his death, the deceased had a fixed place of abode at Room No. 12, 3rd Floor, Hendre Building, Old Kumbhar Chaw!, S.G.M. Chauk, Mumbai - 400011.

4.

The Petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased left behind Malti Govind Rikame - widow. and three sons, namely Umesh Govind Rikame, Mahesh Govind Rikame and Naresh Govind Rikame. Umesh and Mahesh have since deceased the deceased. The heirs SSP 1/3

mentioned at Sr. Nos.2a to 2c are the heirs of Umesh and the heirs mentioned at Sr. Nos.3a to 3c are the heirs of Mahesh. There is no other legal heir. Heirship certificate is required for formal recognition as legal heirs of the deceased.

5.

The documents annexed to the Petition lend support to the claim of the Petitioner. The Petitioner and the heirs mentioned in the table at paragraph No.4 of the Petition, appear to be the surviving legal heirs of the deceased. The heirs mentioned at Sr. Nos.1, 2a and 2c, 3a to 3c and 4 have filed affidavits giving their consent for grant of heirship certificate. Thus, I do not find any impediment in granting heirship certificate to them. 6.

Hence, the following order :

ORDER

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

"(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Malti Govind Rikame (widow), (2) Apama Umesh Rikame (Daughter-in-law), (3) Akshay Umesh Rikame (grandson),

(4) Jidnya Umesh Rikame (granddaughter), (5}Sangita Mahesh Rikame (daughter-in-law), (6) Utkarsha Mahesh Rikame (Granddaughter), (7) Ayush Mahesh Rikame (grandson), and Naresh Govind Rikame (son)· are the SSP 2/3

only surviving Class I legal heirs and legal representative of the deceased abovenamed i.e., Govind Krishna Rikame alias Govind Krishna.

(ii) Issue of proclamation is dispensed with.

(iii) Grant expedited.

( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/12/2024 11:15:53