Bela Satish Patki v. Satish Laxman Patki Alias Satish Patki Alias S L Patki (Deceased)

32-MPT-615-2024.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 615 OF 2024 Bela Satish Patki

...Petitioner

Satish Laxman Patki Alias Satish Patki Alias S L Patki ...Deceased Ms. Seema S. Hunnurkar, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED :

10 DECEMBER 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.

Satish Laxman Patki Alias Satish Patki Alias S. L. Patki (deceased) was the husband of the Petitioner. The deceased ARUN RAMCHANDRA SANKPAL passed away on 31st August 2022. At the time of his death, the ARUN RAMCHANDRA SANKPAL Date: 2024.12.11 11:10:56 +0530 deceased had a fixed place of abode at 2/10, Shanti Society, Moghul Lane, Mahim (West), Mumbai - 400 016.

4.

The Petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased had left behind, the Petitioner, the widow of the deceased, and Neil Satish Patki, the son, as the surviving Class-I legal heirs. There is no other legal heir. Heirship 1/2

32-MPT-615-2024.DOC certificate is required to lay claim over the property described in the schedule (Exhibit "C") appended to the Petition. 5.

The documents annexed to the Petition lend support to the claim of the Petitioner. The Petitioner and her son, Neil Satish Patki, appear to be the only surviving Class-I legal heirs of the deceased. Neil, the son of the deceased, has filed an Affidavit giving his consent for the grant of Heirship Certificate. Hence I do not find any impediment in granting Heirship Certificate.

6.

Hence the following order:

O R D E R

(i) The Petition stands allowed in terms of prayer clause (a).

(ii) Proclamation dispensed with.

(iii) Grant expedited.

[N. J. JAMADAR, J.] 2/2