The petitioner sought a legal heirship certificate for the intestate deceased Shamrao Govind Hedau. The court found no impediments and granted absolute relief to the surviving named legal heirs.
Legal heirship certificate granted to Naresh Shamrao Hedau and five other surviving legal heirs of Shamrao Govind Hedau.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
29-MPT119-14.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 119 OF 2014
Naresh Shamrao Hedau.…Petitioner
And
Shamrao Govind Hedau…Deceased
Mr. Jagdish H. Sawant, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 23rd March 2015
PC:-
1.The Petitioner seeks a legal heirship certificate under Section
2 of Bombay Regulation VIII of 1827 in respect of one Shamrao
Govind Hedau, who is said to have died intestate in Mumbai, where
he was ordinarily resident, on 28th December 1994. A copy of his
death certificate is annexed. The deceased was survived by the
persons whose names are mentioned in the tabulation below
paragraph 4 in the petition. Of these, those at Serial Nos. 1 and 6
have passed away. The deceased was apparently a tenant of Room
No. 3/4-B, Dadabhai Chawl, N.M. Joshi Marg, Lower Parel,
Mumbai – 400 013.
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29-MPT119-14.DOC
2.An application has been made for transfer of this tenancy by
the Petitioner. Since that property is being redeveloped, a legal
heirship certificate is required. Hence, this 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 in terms of prayer clause (a) in
favour of the persons mentioned in the table below paragraph 4,
except the persons at Serial Nos. 1 and 6, namely, Smt. Laxmibai
Maruti Ninane alias Radhabai Shamrao Hedau, Shri Suresh
Shamrao Hedau, Shri Naresh Shamrao Hedau, Shri Ramesh
Shamrao Hedau, Smt. Vanita Sunil Hedau, Ms. Ashlesha Sunil
Hedau, Ms. Anisha Sunil Hedau.
5. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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1 issue framed by the court
Whether the petitioner is eligible for a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased.
1 provisions across 1 enactments
Naresh Shamrao Hedau
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court