Raji Subramanian Widow Of Mambila Subramanian Alias Raji S Mani v. Mambila Vishwanathan Subramanian

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.335 OF 2025 Mambila Vishwanathan Subramanian alias Mambila Viswanathan Subramanian alias Mambila Viswanathan Subramanian alias M. V. Subramanian alias M.V.S. Mani ... Deceased Raji Subramanian wd/o Mambila Subramanian alias Raji S. Mani ... Petitioner ______________________ Ms. Jyoti Badgujar a/w Ms. Sanaa V. i/by Lakdawala & Co. for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 26th 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 Mambila Vishwanathan Subramanian alias Mambila Vishwanathan Subramaniam alias M V Subramanian alias M. V. S. Mani ("the deceased"). 2.

The deceased expired at Mumbai on or about 12th December 2014. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

by SANDHYA BHAGU WADHWA Date:

2025.07.04 18:27:08 +0530 SANDHYA BHAGU WADHWA

3.

The deceased died intestate. He resided at B-01, Amar Jyoti, Plot No. 292, Gulmohar Road, Chunabhatti, Sion, Mumbai 400022.

4.

The legal heirs and next of kin left behind by the deceased according to Hindu Succession At, 1956 are mentioned in paragraph 4 of the Petition.

5.

Learned Advocate Ms. Badgujar for the Petitioner submits that the reason for which the Legal Heirship Certificate is required is mentioned in paragraph No. 7. It is also submitted that, the sons of the deceased have given their consent affidavits in favour of the Petitioner annexed to the Petition as Exhibit 'D' at page Nos. 28 to 30. 6.

In view of the aforesaid submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with. The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order.

7.

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

"(a) That Proclamation may be dispensed with. (b) That a Legal Heirship Certificate be granted in favour of Petitioner certifying her along with

heirs mentioned in Para 4 as legal heirs/representatives of the said Deceased under the Provision of Bombay Regulation Act, VIII of 1827.

(c) That office be directed to expedite the issuance of Grant of Heirship Certificate."

8.

Petition is disposed of accordingly.

9.

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

(Kamal Khata, J.)