The court disposed of a miscellaneous petition seeking a Heirship Certificate for the intestate estate of Malji Vithoba Shivane. The petition was made absolute, recognizing the petitioner as a legal heir.
Petition made absolute granting Heirship Certificate recognizing the petitioner as a legal heir and representative of the deceased.
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30-MPT NO.12-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.12 OF 2016
Malji Vithoba Shivane
And
Ms. Minakshi Malji Shivane
...Deceased
...Petitioner
Ms. Neelam S. Vyas, i/b. Balkrishna Shetty,for the Petitioner.
CORAM:G.S. PATEL, J.
DATED:21st March 2016
P.C.
1.The Petition is for a Heirship Certificate under Section 2 of
Bombay Regulation VIII of 1827 in respect of one Malji Vithoba
Shivane, who is said to have died intestate in Mumbai, where he
was ordinarily resident, on 26th June 1995. A copy of his death
certificate is annexed.
2.During his life time the deceased was employed with the
Naval Dockyard in Mumbai. He was entitled to pension. The
deceased was survived by daughter and son whose names are set
out in paragraph 5.
3.It is also stated that the deceased’s wife died on 17th April
2013. A copy of her death certificate is also annexed.
1 of 2
30-MPT NO.12-2016.DOC
4.Proclamation having been dispensed with and there being no
other Petition or application for representation to the estate, and
since this Court has jurisdiction, there is no impediment to the
grant of relief.
5.The Petition is made absolute in terms of prayer clause (a)
which reads:
“a) That legal heirship certificate there by certifying the Petitioner i.e. Ms. Minakshi Malji Shivne, and Mr. Dattram Malji Shivne be recognized as legal heirs and representatives of the deceased be granted to the Petitioner.”
6.All concerned to act upon an authenticated copy of this
order.
(G. S. PATEL, J.)
2 of 2
2 issues framed by the court
Whether to grant a Heirship Certiccate under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased.
Whether the petitioner is recognized as a legal heir and representative of the deceased.
1 provisions across 1 enactments
Ms. Minakshi Malji Shivane
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court