Suresh Bhimrao Bamne v. Lata Suresh Bamne (Deceased)

22-mpt-520-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION VISHAL SUBHASH PAREKAR MISCELLANEOUS PETITION NO. 520 OF 2024 VISHAL SUBHASH PAREKAR Date: 2024.12.05 17:42:35 +0530 Suresh Bhimrao Bamne and Others ...

Petitioners And Lata Suresh Bamne ...

Deceased Mr. Swapnil Narkar, for Petitioners.

CORAM:

N.J.JAMADAR, J.

DATE :

DECEMBER 04, 2024 P.C.

1.

Heard the learned Counsel for the Petitioners. 2.

This petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827.

3.

Lata Suresh Bamne (Deceased) was the wife of the petitioner No. 1 and mother of petitioner Nos. 2 and 3. She passed away on 3rd May, 2024. At the time of her death, she had a fixed place of abode at Flat No. 102, Dosti Blossom, Dosti Acres, S. M. Road, Near Antop Hill Bus Depot, Wadala East, Mumbai.

4.

The petitioners aver that the deceased died intestate, and despite diligent search, no testamentary writing or Will has been found. The deceased left behind the petitioners as the surviving legal heirs of the deceased. There is no other legal heir. The heirship certificate is required to lay claim over the property described in the Schedule I. Vishal Parekar, PS 1/2

22-mpt-520-2024.doc 5.

The documents annexed to the petition lend support to the claim of the petitioners. The petitioners appear to be the only surviving legal heirs of the deceased. Thus, I do not find any impediment in granting heirship certificate.

Hence, the following order :

ORDER

(i) The Petition stands allowed in terms of prayer clause (a). (ii) Issue of proclamation is dispensed with.

(iii) Grant expedited.

( N.J.JAMADAR, J. ) Vishal Parekar, PS 2/2