Vikas Francis Koli v. Ranjana Francis Koli Widow Roman Catholic Christian (Deceased)
34-mpt-523-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.523 OF 2024 Vikas Francis Koli ...
Petitioner And Ranjana Francis Koli w/o. Roman Catholic Christian ...
Deceased Mr. Ravi Gadagkar i/b. Ms. Usha Gadagkar, for Petitioner.
CORAM:
N.J.JAMADAR, J.
DATE :
NOVEMBER 28, 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.
Ranjana Francis Koli (Deceased) was the mother of the Petitioner. She passed away on 13th April, 2020. At the time of her death, she had a fixed place of abode at 21/2, Koli Samaj Co-operative Housing Society Sewree -Koliwada, Sewree (East), Mumbai -400015. 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 the petitioner, Dolcie Francs Koli and Trupti Francis Koli, the daughters, the particulars of whom are furnished at serial Nos. 2 and 3 at paragraph 4 of the petition. There is no other legal Vishal Parekar, PS 1/2
34-mpt-523-2024.doc heir. The heirship certificate is required to seek transfer of CL3 Licence issued by the Collector, Mumbai, State Excise Department. 5.
The documents annexed to the petition lend support to the claim of the petitioner. It appears that the petitioner and Dolcie Francs Koli and Trupti Francis Koli, the daughters of the deceased, are the surviving legal heirs of the deceased. Dolcie Francs Koli and Trupti Francis Koli have filed affidavits giving their consent for grant of heirship certificate.
6.
Thus, I do not find any impediment in granting heirship certificate.
Hence, the following order :
ORDER
(i) Petition stands allowed in terms of amended prayer clause (a). (ii) Issue of proclamation is dispensed with.
(iii) Grant expedited.
( N.J.JAMADAR, J. ) Vishal Parekar, PS 2/2