Allowed

Bhavanji Shamji Lalan and 11 Ors. v. Lalji Nanshi Lalan (Deceased)

Bombay HC19 Mar 2015MPT/101/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay (Testamentary and Intestate Jurisdiction) allowed a petition seeking issuance of a legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827 for the intestate deceased Lalji Nanshi Lalan. The declaration named twelve petitioners as legal heirs.

What did the court decide?

Legal heirship certificate granted to the petitioners declaring them legal heirs of the deceased Late Lalji Nenshi Lalan.

Bhavanji Shamji Lalan and 11 Ors. Vs Lalji Nanshi… — Succession and Inheritance | Bombay HC (2015)

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922-MPT-101-14.DOC

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Sharayu

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 101 OF 2014

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Bhavanji Shamji Lalal & Ors.…Plaintiff

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Lalji Nanshi Lalan …Deceased

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Mr. Mohit P. Bhansali , for the Plaintiff.

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CORAM: G.S. PATEL, J DATED: 19th March 2015

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PC:-

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1.The Petitioners seek the issuance of a legal Heirship
Certificate under Section 2 of the Bombay Regulation VIII of 1827
in respect of one Lalji Nanshi Lalan, who is said to have died
intestate in Mumbai where he was ordinarily resident, on 25th
February 1963.

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2.A copy of the death certificate is attached. The Petitioners
are deceased’s heirs and next of kin. Their names are set out in
paragraph 4 of the Petition.

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3.A proclamation has been issued. An Affidavit to that effect is
on file. None has come forward. Other than the present petition for

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922-MPT-101-14.DOC

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an heirship certificate, no other petition for a succession certificate
or other representation to the estate of the deceased has been filed.

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4. There is no impediment to the grant of this Petition.

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5.The Petition is made absolute in terms of prayer clause (a),
which reads as follows:-

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“(a)That Heirship Certificate in the form of Appendix
of the Bombay Regulation VIII of 1827 be granted to the
Petitioner declaring that the Petitioners are the legal heir
of the Deceased Late Lalji Nenshi Lalan and Late
Sunderban Lalji Lalan.”

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6.The heirship certificate is to be issued in the name of (1)
Bhavanji Shamji Lalan; (2) Smt. Nayna Wd./O Mulchand Lalan;
(3) Mr. Jaykumar Shamji Lalan; (4) Anjana Khimaji Lalan; (5) Lata
Hemandra Patni; (6) Ratanben Hiraji Chheda; (7) Smt. Veena
Vallabhaji Shah; (8) Leena Jayesh Vora; (9) Mamta Dipak Atal; (10)
Smt. Minakshi Wd/o Hemchand Lalan; (11) Chitra Presh Bahua;
(12) Smt. Harsha Harkchand Lalan.

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7. All concerned to act on an authenticated copy of this Order.

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(G. S. PATEL, J.)

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Bhavanji Shamji Lalan and 11 Ors. v. Lalji Nanshi Lalan (Deceased)

Case brief

What is this about?

What did the court decide?

Bhavanji Shamji Lalan and 11 Ors. v. Lalji Nanshi Lalan (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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