This order grants a legal heirship certificate to the petitioner, widow of the deceased, certifying her and four other named individuals as the legal heirs of the deceased, intended to claim service dues.
Grant of legal heirship certificate recognizing the petitioner and four other named individuals as the legal heirs of the deceased.
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23-MPT132-14.DOC
Agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 132 OF 2014
Rohini Ashok Gade…Petitioner
And
Ashok Ananda Gade…Deceased
Mr. Prabhu Velar, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 16th February 2015
PC:-
1.The Petitioner is the widow of one Ashok Ananda Gade, who
died at Mumbai on 4th April 2013. His death certificate is annexed
to the Petition. The deceased ordinarily resided at Mulund,
Mumbai. He was survived by his widow and three sons and his
mother. The heirs of the deceased are mentioned in paragraph 4 of
the Petition.
2.The deceased was employed with the Thane Mahanagar
Palika as a permanent employee, being a cleaning worker, having
Identity Card No. 06433. There are certain service dues that are
owing to the estate of the deceased. Further the Petitioner has
applied for employment with the Thane Mahanagar Palika on
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23-MPT132-14.DOC
compassionate ground. The deceased left no Will or other
testamentary instrument and died intestate. No other application
has been made for the grant of a succession certificate, Letters of
Administration or probate or for a heirship certificate. There is no
impediment to the grant of relief sought.
3.The Petition is made absolute in terms of prayer clauses (a)
and (b), which read as follows:
(a)That legal heirship certificate thereby certifying
the Petitioner, i.e., Rohini Ashok Gade and (1) Ratnabai
Ananda Gade, (2) Ashish Ashok Gade, (3) Akash Ashok
Gade, (4) Ashwin Ashok Gade and (5) Rohini Ashok
Gade be recognised as legal heirs and representatives of
the deceased be granted to the Petitioner.
(b)For such further and other reliefs as the nature
and circumstances of the case my require.
4.All concerned to act on an authenticated copy of this order.
Certified copy expedited.
(G. S. PATEL, J.)
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1 issue framed by the court
Whether a legal heirship certificate should be granted to the petitioner as a legal heir of the deceased?
Rohini Ashok Gade
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court