Manmohansingh Suchasingh Panesar v. Balbir Kaur Suchasingh Panesar (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 609 OF 2024 Balbir Karu Suchasingh Panesar ...Deceased Manmohansingh Suchasing Panesar

...Petitioner

Mr Manohar N Rajput, for the Petitioner.

CORAM:

ARIF S. DOCTOR, J DATED:

3RD JANUARY 2025 PC:- SHEPHALI SANJAY MORMARE 1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of by SHEPHALI SANJAY MORMARE Date: 2025.01.09 09:54:57 +0530 1827 in respect of one Balbir Karu Suchasingh Panesar ("the deceased"), who died in Mumbai on 17th November 2023. A copy of the Death Certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.

The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed Consent Affidavits, which are annexed to the Petition. 5.

The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 6.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause/s (a) and (b) which read/s as under: " (a) This Hon'b1e Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation Act VIII of 1827 certifying that Petitioner Manmohan Singh Sucha Singh Panesar, along with (i) Narender Singh Sucha Singh Panesar, (ii) Bhupender Singh Sucha Singh Panesar and (iii) Kulvinder Singh SuchaSingh Panesar as the only heirs and legal representatives of the said Deceased Balbir Kaur Suchasingh Panesar ."

8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J) Note: This order is modified as per order dated 8th January 2025.