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Mashyaka Babu Kunchikorve v. Babu Kantappa Kunchikorve (Deceased)

Bombay HC21 Jun 2016MPT/15/2016

Case brief

AI extract

What is this about?

The Bombay High Court granted a Legal Heirship Certificate to the petitioner under Bombay Regulation VIII of 1827 for the deceased's heirs, dispensing with the need for a proclamation as all legal heirs had consented.

What did the court decide?

Petition declared absolute in terms of prayer; Legal Heirship Certificate granted to heirs; Proclamation dispensed with.

Mashyaka Babu Kunchikorve Vs Babu Kantappa… — Succession and Inheritance | Bombay HC (2016)

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11-MPT15-16.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 15 OF 2016

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Mashyaka Babu Kunchikorve…Petitioner
And
Babu ikantappa Kunchikorve…Deceased

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Mr. Suffiyan Lakdawala, for the Petitioner.

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CORAM:G.S. PATEL, J
DATED:21st June 2016

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PC:-

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1.There are certain inaccuracies in the Petition. Leave to
amend. Amendment to be carried within on or before 24th June
2016.

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2.Accepted. All the legal heirs have consented. Hence,
proclamation is dispensed with. The Petition is made returnable
forthwith.

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3.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one Babu
Kantappa Kunchikorve, who is said to have died intestate in
Mumbai on 16th July 2015. The deceased was ordinarily residing at
Zopada No. 150, Kunchikorve Nagar, 60 Feet Road, Kunchikkorve

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Page 1 of 2

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21st June 2016

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11-MPT15-16.DOC

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Galli, Near Ramia Hotel, Dharavi. A copy of his death certificate is
annexed. The deceased was survived by his widow, the Petitioner,
two sons, a daughter and the deceased’s mother. The deceased’s
father is also alive but he is not a heir in Class I, since he falls in
Class II. In any case, the mother has filed a consent Affidavit, and so
has the father. In addition, the two sons and the daughter have
granted consent. All these consent Affidavits are on record.

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4.The Legal Heirship Certificate is required in relation to an
application to be made for employment on compassionate grounds
to MCGM, with which the deceased worked in his lifetime.

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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
respect of the heirs shown at Sr. Nos. a, b, c, d and e of the table.

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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
21st June 2016

Mashyaka Babu Kunchikorve v. Babu Kantappa Kunchikorve (Deceased)

Case brief

What is this about?

What did the court decide?

Mashyaka Babu Kunchikorve v. Babu Kantappa Kunchikorve (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

Case details

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