Sreemathi Thalangan Puthiyaveetil v. Thalangan Rarichan Puthiyaveetil (Deceased)

24-mpt-588-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION VISHAL SUBHASH PAREKAR MISCELLANEOUS PETITION NO. 588 OF 2024 VISHAL SUBHASH PAREKAR Date: 2024.12.05 17:42:32 +0530 Sreemathi Thalangan Puthiyaveetil ...

Petitioner And Thalangan Rarichan Puthiyaveetil ...

Deceased Mr. K.P.P. Nair i/b. Mrs. Asha Nair, for Petitioner.

CORAM:

N.J.JAMADAR, J.

DATE :

DECEMBER 04, 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.

Thalangan Rarichan Puthiyaveetil (Deceased) was the husband of the petitioner. The deceased passed away on 27th July, 2022. At the time of his death, the deceased had a fixed place of abode at Eash Kripa Building, M.G. Road, Vile Parle (East), Mumbai-400 057 . 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 four daughters, the particulars of whom are furnished in the table at paragraph 4 of the petition. There is no other legal heir. The heirship certificate is required to lay claim over the property described in paragraph No. 6 of the petition. Vishal Parekar, PS 1/2

24-mpt-588-2024.doc 5.

The documents annexed to the petition lend support to the claim of the petitioner. The petitioner and four daughters the particular of whom are furnished at Serial Nos. 2 to 5 in the table at paragraph No. 4 of the petition, appear to be the surviving Class I legal heirs of the deceased. There does not appear any other legal heir. 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