Petitioner sought a Legal Heirship Certificate for the deceased, Shalom Raymond Samuel, to claim pension benefits. The court found no impediment as the other heir consented and made the petition absolute.
The Legal Heirship Certificate was made absolute in favour of Mr. Nissim Shalom Samuel and Mr. Joshua Shalom Samuel.
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.
14-MPT123-15.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 123 OF 2015
Joshua Shalom Samuel…Petitioner
And
Shalom Raymond Samuel…Deceased
Mr. Deepak Pandey, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:11th March 2016
PC:-
1.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Shalom Raymond Samuel, who is said to have died intestate in
Mumbai, where he was ordinarily resident, on 14th November
2013. A copy of his death certificate is annexed. The wife of the
deceased predeceased him. The Petitioner is the younger son of the
deceased. The only heir is an elder son whose name is mentioned in
the tabulation below paragraph 8 of the petition.
2.The Legal Heirship Certificate is required to claim pension
benefits.
1 of 2
14-MPT123-15.DOC
3.The other heir has consented. 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.
4.The petition is made absolute in terms of prayer clause (a) in
favour of the persons mentioned in the table below paragraph 4,
namely, Mr. Nissim Shalom Samuel and Mr. Joshua Shalom
Samuel.
5. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 is required to claim pension benefits.
1 provisions across 1 enactments
Joshua Shalom Samuel - Nissim Shalom Samuel
Shalom Raymond Samuel
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court