Allowed

Mangala Yashwant Karmarkar and Anr. v. Yashwant Krishna Karmarkar (Deceased)

Bombay HC18 Apr 2016MPT/13/2016

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a miscellaneous petition seeking a Legal Heirship Certificate under Bombay Regulation VIII of 1827. The petitioners, the sole heirs of a deceased intestate, were granted the certificate without a proclamation, enabling them to relinquish rights in a dealership partnership.

What did the court decide?

The petition is made absolute; Legal Heirship Certificate granted to Mangala Yashwant Karmarkar and Madhura Mahesh Bapat; proclamation dispensed with.

Mangala Yashwant Karmarkar and Anr. Vs Yashwant… — Succession and Inheritance | Bombay HC (2016)

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17-MPT13-16.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 13 OF 2016

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Mangala Yashwant Karmarkar & Anr.…Petitioners
And
Yashwant Krishna Karmarkar…Deceased

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Ms. Laxmi Mankar, for the Petitioners.

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CORAM:G.S. PATEL, J
DATED:18th April 2016

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PC:-

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1.Accepted. The Petitioners are the only heirs of the deceased.
Hence, proclamation is dispensed with.

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2. The Petition is made returnable forthwith.

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3.The Petitioners seek a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Yashwant Krishna Karmarkar, who is said to have died intestate in
Mumbai, where he was ordinarily resident, on 26th September
2010. A copy of his death certificate is annexed. The deceased was
survived by his widow and a married daughter. Both are Petitioners.

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17-MPT13-16.DOC

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4.The Legal Heirship Certificate is required since the
Petitioners desire to relinquish the deceased’s right in a dealership
agreement that he carried on in partnership with one Mr. Mehraj
Rajabali Merchant. That dealership agreement is with the Indian
Oil Corporation. The Petitioners do not desire to continue that
business or the partnership.

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5.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.

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6.The petition is made absolute in terms of prayer clause (a) in
favour of the persons mentioned in the table below paragraph 4,
namely, Mangala Yashwant Karmarkar and Madhura Mahesh
Bapat.

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7. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Mangala Yashwant Karmarkar and Anr. v. Yashwant Krishna Karmarkar (Deceased)

Case brief

What is this about?

What did the court decide?

Mangala Yashwant Karmarkar and Anr. v. Yashwant Krishna Karmarkar (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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