Allowed

Bhavna Santosh Walzade v. Santosh Walzade (Deceased)

Bombay HC25 Aug 2015MPT/77/2015

Case brief

AI extract

What is this about?

This Single Judge order grants a petition seeking a legal heirship certificate for the deceased Santosh Walzade under Bombay Regulation VIII of 1827. The Court finds no impediment to the relief, noting a prior High Court order enabled the Municipal Corporation to transfer the license upon production of the certificate. The certificate is granted to the petitioner-widow and her minor children.

What did the court decide?

A Legal Heirship Certificate is issued listing the widow and two minor children as the only legal heirs of the deceased Santosh Walzade under Bombay Regulation VIII of 1827.

Bhavna Santosh Walzade Vs Santosh Walzade (Deceased) — Succession and Inheritance | Bombay HC (2015)

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912-MPT-77-15.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. 77 OF 2015

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Santosh Walzade
And
Bhavna Santosh Walzade

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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 Santosh
Walzade, who is said to have died intestate in Mumbai, where he
was ordinarily resident, on 6th December 2009. A copy of his death
certificate is annexed.

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2.The deceased was survived by his widow, minor son and
minor daughter. His widow is the present Petitioner. 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. 41 in relation to a stall.

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912-MPT-77-15.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 annexed to 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)
Bhavna Santosh Walzade the widow and Petitioner, 2)
Ganesh Santosh Walzade, the minor son and 3) Pranali
Santosh Walzade minor 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, and, 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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Bhavna Santosh Walzade v. Santosh Walzade (Deceased)

Case brief

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Bhavna Santosh Walzade v. Santosh Walzade (Deceased)

Case brief

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