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Bombay High CourtMPT/314/2025disposed off

Savita Kanaiyalal Ravani Alias Savita Kanaiyalal Thakkar v. Kanaialal Narsidas Ravani Alias Kanaiyalal Narsidas Ravani Alias Kanaiyalal Narsidas Thakkar Alias K

2025-06-27Hon'Ble Justice Kamal Khata3 pages

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.314 OF 2025 Kanaialal Narsidas Ravani alias Kanaiyalal Narsidas Ravani alias Kanaiyalal Narsidas Thakkar alias Kanayalal Narshidas Thakkar alias Kanaiyalal Narsidas Ravani (Thakkar) alias Kaniyalal Narshidas Thakker ... Deceased Savita Kanaiyalal Ravani alias Savita Kanaiyalal Thakkar ... Petitioner ______________________ Mr. Uttam Rane for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 27th June 2025.

P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Kanaialal Narsidas Ravani alias Kanaiyalal Narsidas Ravani alias Kanaiyalal Narsidas Thakkar alias Kanayalal Narshidas Thakkar alias Kanaiyalal Narsidas Ravani (Thakkar) alias Kaniyalal Narshidas Thakker ("the deceased").

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.07 13:06:51 +0530 SUMEDH NAMDEO SONAWANE

2.

The deceased expired at Mumbai on or about 8th July 1986. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate leaving behind his wife and one married daughter as his only legal heirs and next to kin in accordance with Section 8 (a) of Hindu Succession Act, 1956 as specifically set out in paragraph No.4 of the Petition. 4.

Learned Advocate Mr. Rane for the Petitioner submits that the Legal Heirship Certificate is sought for transfer of immovable property in the names of the legal heirs as detailed in paragraph No.8 of the Petition. He submitted that, the legal heirs of the deceased have given their consent affidavits in favour of the Petitioner hereto annexed the Petition as Exhibit 'E'.

5.

In view of the aforesaid submissions and the material placed on record, I see no impediment to allow the Petition. 6.

The Petition is allowed. The requirement of proclamation is dispensed with.

7.

Petition is made absolute in terms of prayer clause (a) which reads as follows:

"(a) That Legal Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1827 be granted to the Petitioner i.e. (1) SAVITA KANATYALAL RAVANI alias SAVITA KANATYALAL THAKKAR and legal heirs i.e. (2) HETAL SONPAL NEE HETAL KANAIYALAL RAVANI alias THAKKAR declaring that legal heirs of the Deceased Late KANAIALAL NARSIDAS RAVANI alias KANAIYALAL NARSIDAS RAVANI alias KANATYALAL NARSIDAS THAKKAR alias KANAYALAL NARSHIDAS THAKKAR alias KANAIYALAL NARSIDAS RAVANI (THAKKAR) alias KANIYALAL NARSIHDAS THAKKER and to entitle estate of the deceased which is more particularly mentioned in the Schedule - I herein at Exhibit ""D" to the present petition."

8.

The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order. 9.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)