Allowed

Premila Gautam Rajput v. Gautam B Rajput (Deceased)

Bombay HC24 Oct 2016MPT/132/2016

Case brief

AI extract

What is this about?

The High Court granted a Legal Heirship Certificate to the petitioner under Bombay Regulation VIII of 1827 for the intestate deceased, dispensing with the proclamation as all heirs had consented and no other petitions were filed. The relief was assigned to five specified heirs for release of mortgaged title documents.

What did the court decide?

Grant of Legal Heirship Certificate in favour of the widow, two sons, and two daughters under Section 2 of Bombay Regulation VIII of 1827.

Premila Gautam Rajput Vs Gautam B Rajput (Deceased) — Succession and Inheritance | Bombay HC (2016)

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923-MPTL2117-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION (L) NO. 2117 OF 2016

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Premila Gautam Rajput…Petitioner
And
Gautam Bhikaji Rajput…Deceased

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Mr. Prabhu Velar, for the Petitioner.

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CORAM: G.S. PATEL, J DATED: 24th October 2016

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PC:-

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1.Accepted. All other heirs having consented, a proclamation is
dispensed with. The Petition is made returnable forthwith and taken
up for hearing and final disposal.

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2.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Gautam B. Rajput Alias Gautam Bhikaji Rajput, who is said to have
died intestate in Mumbai, where he was ordinarily resident, on 9th
August 2007. A copy of his death certificate is annexed.

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3.The deceased was survived by his widow, two son and two
married daughters. Their names are mentioned in the tabulation
below paragraph 4 of the petition.

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Page 1 of 2

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24th October 2016

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923-MPTL2117-16.DOC

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4.During his lifetime, the deceased took a housing loan by
means of an equitable mortgage. That loan account is closed but the
Bank to whom the property was mortgaged requires a Legal
Heirship Certificate to release the original title documents
mortgaged with them.

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5.All the heirs have 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.

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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, Smt. Premila Gautam Rajput, Punam Yashwinkumar
Maindan, Varsha Vishal Khimeshra, Chetan Gautam Rajput and
Ranjit Gautam Rajput.

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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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Page 2 of 2
24th October 2016

Premila Gautam Rajput v. Gautam B Rajput (Deceased)

Case brief

What is this about?

What did the court decide?

Premila Gautam Rajput v. Gautam B Rajput (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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