Single judicial order accepting a Miscellaneous Petition for a Legal Heirship Certificate where all heirs consented, dispensing with the requirement of a proclamation for final disposal.
All heirs declared as petitioners; proclamation dispensed with; Legal Heirship Certificate granted as prayed.
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.
1-MPT66-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 66 OF 2016
Sahadev Dagadu Nanavare Alias Sahadu Dagadu …Deceased
Nanvare
And
Godavari Sahadev Nanavare & Others…Petitioners
Ms. Poonam Shirke, i/b Mr. Sachin R. Gelye, for the Petitioners.
CORAM: G.S. PATEL, J DATED: 15th November 2016
PC:-
1.Accepted. All the heirs are Petitioners. Hence, proclamation
dispensed with. The Petition is made returnable forthwith and taken
up for hearing and final disposal.
2.The Petitioners seek a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Sahadev Dagadu Nanavare alias Sahadu Dagadu Nanvare, who is
said to have died intestate in Mumbai, where he was ordinarily
resident, on 26th August 2012. A copy of his death certificate is
annexed.
Page 1 of 2
15th November 2016
1-MPT66-16.DOC
3.The deceased was survived by his widow, two sons and two
married daughters. Their names are mentioned in the tabulation
below paragraph 4 of the petition. All the heirs are Petitioners.
4.During his lifetime, the deceased was a permanent resident of
Mumbai. The Legal Heirship Certificate is required for the
purposes of submission to various Government Bodies and Public
Authorities.
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.
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, Godavari Sahadev Nanavare, Gajanan Sahadev Nanavare,
Vinod Sahadev Nanavare, Prabhavati Chandrakant Gaikwad and
Rashmi Ramesh Jadhav.
7. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
15th November 2016
1 issue framed by the court
Whether a proclamation is necessary when all legal heirs of the deceased have joined the petition for a Legal Heirship Certificate.
1 provisions across 1 enactments
Godavari Sahadev Nanavare & Others
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court