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Lalitadevi Sitaram Gupta v. Sitaram Gupta (Deceased)

Bombay HC25 Aug 2015MPT/76/2015

Case brief

AI extract

What is this about?

A petition was filed under Section 2 of Bombay Regulation VIII of 1827 seeking a legal heirship certificate for the intestate deceased Sitaram Gupta. The court noted the widow as the petitioner, the married daughter filed a consent affidavit, and no other heirship petitions were pending. Upon receiving a statement from the Municipal Corporation willing to transfer a license upon production of the

What did the court decide?

The petition was made absolute for the issuance of a legal heirship certificate certifying the petitioner and her daughter as the only heirs and legal representatives under Section 2 of Bombay Regulat

Lalitadevi Sitaram Gupta Vs Sitaram Gupta (Deceased) — Succession and Inheritance | Bombay HC (2015)

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911-MPT-76-15.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. 76 OF 2015

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Sitaram Gupta
And
Lalitadevi Sitram Gupta

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...Deceased

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...Petitioner

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Ms. Aparna Deokar, i/b M.P. Vashi & Asso., for the Petitioner.

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CORAM: G.S. PATEL, J DATED: 25th August 2015

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PC:-

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1.The Petitioner seeks a legal heirship certificate under Section
2 of Bombay Regulation VIII of 1827 in respect of one Sitaram
Gupta, who is said to have died intestate in Mumbai, where he was
ordinarily resident, on 17th February 2002. A copy of his death
certificate is annexed.

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2.The deceased was survived by his widow and married
daughter. His widow is the present Petitioner. The married
daughter has filed a Consent Affidavit dated 13th August 2015.
There are no other heirs and legal representatives.

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3.The Heirship certificate is required for the transfer of
Municipal Licence No. 1311 in relation to a stall.

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911-MPT-76-15.DOC

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4.The issue of proclamation was dispensed with by an order
dated 12th August 2015. No other petition for an heirship
certificate, succession certificate, probate or letters of
administration with or without Will annexed has been filed.

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5.By an order dated 23rd March 2015 passed in a group of Writ
Petitions, including one by the present Petitioner, a Division Bench
of this Court (A.S. Oka & A.P. Bhangale JJ.) noted a statement on
behalf of the Municipal Corporation that upon the Petitioners
producing an Heirship Certificate, the Municipal Corporation
would transfer the Licence to the Petitioners subject to their
complying with the required terms and conditions. An order was
passed in those terms. A copy of that order is at Exh.H at page 22
of the present Petition.

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6.In this view of the matter, there is no impediment to the
grant of relief. The petition is made absolute in terms of prayer
clause (a), which reads as follows:-

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“(a)That a legal Heirship Certificate certifying that 1)
Lalitadevi Sitaram Gupta the widow and Petitioner, 2)
Madhuridevi Gupta, the married daughter are the only
heirs and legal representatives of the deceased under
the provisions of Bombay Regulation Act VIII of 1827.”

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7.All concerned annd, in particular, the officers concerned of
the Municipal Corporation of Greater Bombay to act on an
authenticated copy of this Order.

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(G. S. PATEL, J.)

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Lalitadevi Sitaram Gupta v. Sitaram Gupta (Deceased)

Case brief

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Lalitadevi Sitaram Gupta v. Sitaram Gupta (Deceased)

Case brief

What is this about?

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What the court decided

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