Sheela Sugunan Pullat v. Sugunan Appu Pullat (Deceased)

24-MPT519-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 519 OF 2024 Sheela Sugunan Pullat

...Petitioner

Sugunan Appu Pullat ...Deceased Ms. Asha P. Nair, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

11th NOVEMBER, 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.

Sugunan Appu Pullat (the deceased) was the husband of the petitioner. The deceased passed away on 17th July, 2017. At the time of his death, the deceased had a fixed place of abode at D-38, New Chandra Co-op. Hsg. Soc. Ltd., Veera Desai Road, Opp. Kolsite, Andheri (West), Mumbai-400 053. 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 and Ajay Pullat; a son and Lakshmi Manikoth; a daughter, the particulars of whom are furnished at Sr. Nos.2 1/2

24-MPT519-2024.DOC and 3 in the table at paragraph 4. There is no other legal heir of the deceased. Heirship certificate is required to lay claim over the properties left behind by the deceased. 5.

The averments in the petition find support in the documents annexed to the petition. The petitioner and her son Ajay and daughter Lakshmi, the particulars of whom are furnished at Sr. Nos.2 and 3 in the table at paragraph 4, appear to be the surviving Class-I legal heirs of the deceased. Ajay and Lakshmi have filed affidavits giving their consent for grant of heirship certificate. I do not find any impediment in granting the heirship certificate.

6.

The petition stands allowed in terms of prayer clause (a).

7.

Issue of proclamation is dispensed with.

8.

The grant of heirship certificate is expedited. Application disposed.

[N. J. JAMADAR, J.] 2/2