In a matter concerning succession, the High Court of Judicature at Bombay allowed a petition for a Legal Heirship Certificate. The court dispensed with the proclamation, noting the petitioner is the sole heir, and made the petition absolute.
Grant of Legal Heirship Certificate; Proclamation dispensed with; Petition made absolute.
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.
29-MPT48-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 48 OF 2016
Mr. Vishnu Laranj Kamble...Petitioner
And
Dwarkabai Laranj Kamble…Deceased
...Petitioner
Mr. , for the Petitioner.
CORAM:G.S. PATEL, J
DATED:21st June 2016
PC:-
1.Accepted. The Petitioner is the only legal heir of the
deceased. Proclamation dispensed with. Petition made returnable
forthwith.
2.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Dwarkabai Laranj Kamble on 26th October 2007. During her
lifetime, she was ordinarily residing at Dharavi, Mumbai. Her
husband died on 28th September 2009. They had one son, the
Petitioner. A copy of her death certificate is annexed. The Petitioner
is the only surviving legal heir of the deceased.
Page 1 of 2
21st June 2016
29-MPT48-16.DOC
3. The Legal Heirship Certificate is required in respect of the Dharavi accommodation and for submission to MHADA.
4.Since the Petitioner is the only surviving heir, issuance of
proclamation has been dispensed with. 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) in favour of the Petitioner.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
21st June 2016
2 issues framed by the court
Whether to grant a Legal Heirship Certificate under Bombay Regulation VIII of 1827 to the petitioner as the sole heir.
Whether to dispense with the issuance of proclamation given the petitioner is the only surviving heir.
1 provisions across 1 enactments
Mr. Vishnu Laranj Kamble
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court