Sureshkumar Mohanlal Surana v. Mohanlal Chunilal Surana

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.319 OF 2025 Mohanlal Chunilal Surana ... Deceased Sureshkumar Mohanlal Surana ... Petitioner ______________________ Mr. Ajit Hodage 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 Mohanlal Chunilal Surana ("the deceased").

2.

The deceased expired at Mumbai on or about 1st November 2000. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate, leaving behind him five sons and three daughters as his only legal heirs and next of kin according to Hindu Succession Act, 1956, as specifically set out in paragraph No.4 of the Petition.

4.

Learned Advocate Mr. Hodage for the Petitioner submits that the Legal Heirship Certificate is sought for transmission of Room and Membership of Society as specifically set out in paragraph No.8 of the Petition. He also submitted that, all other legal heirs have given their joint consent affidavit in favour of the Petitioner. 5.

In view of the aforesaid submissions and the material placed on record, I find no impediment in allowing the Petition. The requirement of proclamation is dispensed with. 6.

Petition is made absolute in terms of prayer clauses (a) and (b) which read as follows:

"(a) This Hon'ble Court be pleased to issue Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith the heirs mentioned in Para 4 hereinabove are the only heirs and legal representatives of the said Deceased; (b) Publication of Proclamation may be dispensed with;"

7.

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

8.

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

(Kamal Khata, J.)