Allowed

Smt. Radhabai Kishore Kadam v. Smt. Rakmabai Baburao Nanavare......Deceased.

Bombay HC23 Mar 2015MPT/108/2014

Case brief

AI extract

What is this about?

In this miscellaneous petition, the Bombay High Court granted a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 to the petitioner (daughter of the deceased) and the deceased's granddaughter, as they were the only surviving heirs after others predeceased the deceased, with a proclamation having been issued without opposition.

What did the court decide?

Petition made absolute; Legal heirship certificate issued in the names of the petitioner and the deceased's granddaughter.

1.The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Smt. Rakmabai Baburao Nanavare, who is said to have died intestate in Mumbai, where she was ordinarily resident, on 29th May 2000. A copy of her death certificate is annexed.

2.At the time of the deceased’s death, her son Ashok had predeceased her leaving behind his widow, a son and a daughter, i.e., the daughter-in-law and grandchildren of the deceased. Rakmabai was also survived by her married daughter Radhabai and a unmarried son Shivaji. The Petitioner states that the whereabouts of the grand daughter are not known. It seems that the unmarried

son, daughter in law, grandson of the deceased have also passed away. The only surviving heirs are the Petitioner and the grand daughter. The latter’s address and whereabouts are not known. The names of the legal heirs and next to kin are set out in paragraph 2 of the petition.

3.A proclamation has been issued. None have come forward. No other petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.

4.The petition is made absolute. A legal heirship certificate will be issued in the names of the persons mentioned at Sr Nos. 2 and 4B of the table set out below paragraph 2 of the petition, namely, Mrs. Radhabai Kishore Kadam and Ms. Darshana Ashok Nanavare.

Smt. Radhabai Kishore Kadam v. Smt. Rakmabai Baburao Nanavare......Deceased.

Case brief

What is this about?

What did the court decide?

Smt. Radhabai Kishore Kadam v. Smt. Rakmabai Baburao Nanavare......Deceased.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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