Zarir Dara Govekar And ANR v. Harveshp D. Taraporewala( Deceased)

45-MPT-683-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 683 OF 2024 Harveshp D Taraporewala ...Deceased Zarir Dara Govekar & Anr

...Petitioners

Ms Manshi Thakkar, i/b Raval Shah & Co, for the Petitioners. Mr Carl Patel, with Huzan Wadia, for the non-contesting legal heir.

CORAM:

ARIF S. DOCTOR, J DATED:

4TH FEBRUARY 2025 PC:- SHEPHALI SANJAY MORMARE 1.

Ms Thakkar, Learned Counsel appearing on behalf of the SHEPHALI SANJAY MORMARE Date: 2025.02.05 10:20:20 +0530 Petitioner tenders a draft amendment seeking to amend the Schedule-I of appended to the Petition. There is no objection to the Petition being amended to the draft being handed over. It is, therefore, taken on record and marked "X" for identification with today's date. In any view of of the mater the only change sought is in the name of the company and the amount. Since the Petitioner is permitted to amend the Petition in terms of the draft handed in and there is no opposition, reverification is dispensed with. Also today there is no opposition to the grant of the Heirship Certificate by eh Learned Counsel for the Objector, who only

45-MPT-683-2024.DOC submits that if the Legal Heirship Certificate is used for the purposes of opening locker standing in the name of the deceased in the Bank of Baroda (Erstwhile Dena Bank) Branch Jogeshwari (East), Locker No. 122A at Plot K/4364, Covers Road, Opp Deepak Jewellers, Near Railway Station, Jogeshwari East, Mumbai 400 060, then the same shall be done in the presence of all the legal heirs of the deceased as mentioned in the Legal Heirship Certificate. Learned Counsel appearing on behalf of the Petitioner submits that there is no objection of this being done. 2.

Hence, with this Caveat, the Miscellaneous Petition is allowed in terms of prayer clause (a), which reads thus: "(a) That this Hon'ble Court be pleased to issue a Heirship Certificate certifying that, the Petitioners are the legal heir of the Deceased under the provisions of the Bombay Regulation VIII of 1827."

3.

Amendment to be carried out upto and including 11th February 2025.

(ARIF S. DOCTOR, J)