In a miscellaneous petition, the petitioner, son of a deceased intestate, sought a legal heirship certificate along with co-heirs. The court accepted consent and dispensed with proclamation, granting the certificate forthwith.
Legal heirship certificate issued to the petitioner and co-heirs under Bombay Regulation VIII of 1827.
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.
906-MPT41-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 41 OF 2016
Shivji Manji Nanda…Deceased
And
Ghirag Shivji Nanda…Petitioner
Mr. Kunal Tiwari, i/b R. I. Tiwari, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 8th June 2016
PC:-
1.Accepted. The Petitioner is the son of the deceased. The
other heirs are the deceased's widow and daughter, i.e., the mother
and sister of the Petitioner. They have consented. Hence,
proclamation 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 Shivji
Manji Nanda, who is said to have died intestate at Vapi on 12th
March 2015. A copy of his death certificate is annexed. The
deceased was a permanent resident of Mumbai and lived at 36-D,
MHADA Row House, Goregaon (East), Mumbai 400 065. The
deceased was survived as noted above, by the Petitioner, the
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8th June 2016
906-MPT41-16.DOC
Petitioner's mother, and the Petitioner's sister. Their names are
mentioned in the tabulation below paragraph 4 of the petition.
3.The Legal Heirship Certificate is required for the purposes of
production in relation to the audit of the deceased's manufacturing
business of plastic moulded items carried out in the name of Chiarag
Industries, Daman, Gujarat.
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),
which read thus:
“(a)This Hon'ble Court be pleased to issue a
Legal heirship Certificate to the Petitioner under
the provisions of Bombay Regulation VIII of 1827
certifying that the Petitioner, along with the
heirs mentioned herein above are the only heirs
and legal representative of the deceased.”
6. All concerned to act on an authenticated copy of this order.
Page 2 of 2
8th June 2016
1 issue framed by the court
Whether a legal heirship certificate should be issued to the petitioner and co-heirs of the deceased under Bombay Regulation VIII of 1827.
1 provisions across 1 enactments
Ghirag Shivji Nanda
Shivji Manji Nanda
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court