The High Court of Bombay granted a Legal Heirship Certificate to the petitioner under Section 2 of Bombay Regulation VIII of 1827 in favor of the deceased's son, dispensing with the proclamation as the sole surviving legal heir.
The petition was made absolute and a Legal Heirship Certificate was to be issued.
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.
22-MPT121-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 121 OF 2016
Gaurav Lalit Bellara…Petitioner
And
Lalit Lalchand Bellara…Deceased
Mrs. Khimya M. Bhatiya, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 15th November 2016
PC:-
1.Accepted. The Petitioner is the son of the deceased and his
only surviving legal heir. Hence, the proclamation is dispensed with.
The Petition is made returnable forthwith and taken up for hearing
and final disposal.
2.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one Lalit
Lalchand Bellara, who is said to have died intestate in Mumbai,
where he was ordinarily resident, on 8th December 2007. A copy of
his death certificate is annexed. The deceased was survived by his
son, the Petitioner. The widow of the deceased and the mother of
the Petitioner, Madhu Lalit Bellara, passed away on 15th August
2015. Her death certificate is also annexed to the Petition.
Page 1 of 2
15th November 2016
22-MPT121-16.DOC
3. The Legal Heirship Certificate is required for the purposes of production before various Authorities in connection with the Petitioner’s studies, domicile, place of residence and education etc.
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. The petition is made absolute in terms of prayer clause (a).
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
15th November 2016
3 issues framed by the court
Whether the petitioner, being the only surviving legal heir and son of the deceased intestate, is entitled to a Legal Heirship Certificate without a proclamation.
Whether the grant of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 is appropriate for the petitioner's purposes.
Whether any impediment exists to the grant of relief in the petition for a Legal Heirship Certificate.
1 provisions across 1 enactments
Gaurav Lalit Bellara
Lalit Lalchand Bellara
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court