Tanuj Dutt v. Ansuya Balaichandra Dutta Alias Ansuya Dutt (Deceased)

1 16-MPT-675-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 675 OF 2024 Tanuj Dutt

...Petitioner

Ansuya Balaichandra Dutta Alias Ansuya Dutt ...Deceased ----- Ms. Jalaja Nambiar a/w N. Suvarna for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

nd APRIL, 2025 DATE :

P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Ansuya Balaichandra Dutta alias Ansuya Dutt ('the deceased'), who died in Mumbai on 09.03.2021. 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 Petitioner is the sole legal heir and next of kin according to Hindu Succession Act, 1956.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. Ajit

2 16-MPT-675-2024.doc 4.

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. 5.

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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " (a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Section 2 of Bombay Regulation Act VIII of 1827 certifying that the Petitioner is the heir and legal representative of the abovenamed Deceased Ansuya Balaichandra Dutt @Ansuya Dutt."

7.

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

8.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.) Ajit