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Bombay High CourtMPT/579/2024disposed off

Sneha Subhash Karandikar v. Subhash Ganesh Karandikar (Deceased)

2024-12-09Hon'Ble Shri Justice N. J. Jamadar2 pages

26-mpt-579-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2024.12.10 17:51:57 +0530 MISCELLANEOUS PETITION NO.579 OF 2024 Sneha Subhash Karandikar ...

Petitioner And Subhash Ganesh Karandikar ...

Deceased Ms. Nisha Shah, for Petitioner.

CORAM:

N.J.JAMADAR, J.

DATE :

DECEMBER 09, 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.

Subhash Ganesh Karandikar (the deceased) was the husband of the Petitioner. The deceased passed away on 25th April, 2024. At the time of his death, he had a fixed place of abode at Flat No.4, Vasant Apartment, Shimpoli Road, Near Suvarna Hospital, Kastur Park, Boarivali West, Mumbai 400 092.

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 and Shami Subhash Karandikar, the daughter, particulars of whom are furnished at Serial No. B in the table at paragraph 5 of the petition.

Vishal Parekar, PS 1/2

26-mpt-579-2024.doc 5.

The heirship certificate is required to lay claim over the properties described in Schedule (Exhibit E). The petitioner and her daughter Shami appear to be surviving Class I legal heirs of the deceased. There is no other legal heir. Shami, the daughter has filed an affidavit giving her consent for grant of heirship certificate. 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