High Court at Bombay, Testate and Intestate Jurisdiction, in Miscellaneous Petition No. 52 of 2015, granted a legal heirship certificate to the petitioner and specified heirs upon the death of Rukmini Laxman Pawar, finding no impediments to the relief.
Grant of Legal Heirship Certificate.
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.
9-MPT52-15.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 52 OF 2015
Pushpa Alias Anusya Laxman Pawar…Petitioner
Versus
Rukmini Laxman Pawar…Deceased
Mr. Ramesh M. Shah, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:27th August 2015
PC:-
1.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one Smt.
Rukmini Laxman Pawar, who is said to have died in Mumbai, where
she was ordinarily resident, on 16th September 1993. A copy of her
death certificate is annexed. The deceased was survived by the
heirs whose names are set out in the tabulation below paragraph 4
of the petition.
2.The Petitioner is one of the daughters of the deceased.
According to the Petitioner, the deceased occupied Room No. 57,
1st Floor, BIT Chawl No. 4, Chirabazar, Chandanwadi, Mumbai –
400 002 during his lifetime. The Petitioner says that the married
son of the deceased, i.e., the Petitioner’s brother and his family
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9-MPT52-15.DOC
members executed a writing in favour of the Petitioner in respect of
this premises in the chawl. The two married sisters of the Petitioner
also executed Consent Affidavits on 11th December 1993. The case
of the Petitioner is that her brother’s children have attempted to
force her out of the room that was in the name of the deceased. It is
in these circumstances that the Petitioner has been compelled to
file the present Petition. She requires the legal heirship certificate
to make the necessary application to have her name entered on the
records of the Municipal Corporation, the owner of the Chawl
building.
3.A proclamation was issued on 24th July 2015. An Affidavit of
Service dated 1st August 2015 is on record. No objection Affidavit
is found on record in response of that proclamation.
4.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.
5.Hence, there is no impediment to the grant of relief. The
petition is made absolute in terms of prayer clause (a) in favour of
the persons mentioned in the table below paragraph 4, namely, Smt.
Pushpa Alias Ansuya Laxman Pawar, Smt. Vasanti alias Shalini D.
Chavan, Smt. Chhaya alias Nalini Prakash Chavan, Smt. Laxmibai
Digamber Pawar, Rakhesh Digamber Pawar, and Ramesh Digamber
Pawar.
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6. It is clarified that as regards the application to be made before the Municipal Corporation is concerned, the Petitioner will be at liberty to place before the Municipal Corporation the consent affidavits signed by her married sisters as also the writing dated 1st February 2000 executed by her brother.
7. The Petition is disposed of in these terms.
8. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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2 issues framed by the court
Whether the petitioner is entitled to a legal heirship certificate for the deceased Rukmini Laxman Pawar.
Whether there are any impediments to the grant of a legal heirship certificate in this case.
1 provisions across 1 enactments
Pushpa Alias Anusya Laxman Pawar
Rukmini Laxman Pawar
G. S. PATEL
J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court