Allowed

Smt. Neela W/O Upendra Sheth and 2 Ors. v. Shri Upendra Girdharlal Sheth (Deceased)

Bombay HC16 Nov 2016MPT/73/2016

Case brief

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What is this about?

The High Court granted a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 to the deceased's widow and sons, dispensing with a proclamation as all heirs were petitioners, enabling business transfer.

What did the court decide?

A Legal Heirship Certificate was granted in favour of Smt. Neela Upendra Sheth, Mr. Hiren Upendra Sheth and Mr. Milan Upendra Sheth.

Smt. Neela W/O Upendra Sheth and 2 Ors. Vs Shri… — Succession and Inheritance | Bombay HC (2016)

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2-MPT73-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 73 OF 2016

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Upendra Girdharlal Sheth…Deceased
And
Smt. Neela W/o. Upendra Shah & 2 Others…Petitioner

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Mrs. Anupama H. Wankhade, for the Petitioners.

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CORAM:G.S. PATEL, J
DATED:15th November 2016

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PC:-

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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.

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2.The Petitioners seek a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Upendra Girdharlal Sheth, who is said to have died intestate i 26th
July 2014 at Vagator Beach, Goa. A copy of his death certificate is
annexed.

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3.During his lifetime, the deceased was a permanent resident of
Andheri (West), Mumbai.

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Page 1 of 2

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15th November 2016

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2-MPT73-16.DOC

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4. The deceased was survived by his widow and two sons.

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5.The deceased ran a business in the name of Pankaj Traders at
Traders at 116, Narayan, Dhuru Street, 1st Floor, Mumbai 400 003.
The Legal Heirship Certificate is required for transfer of that
business in the name of the Petitioners.

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6.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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7.The petition is made absolute in terms of prayer clause (a) in
favour of the persons, namely, Smt. Neela Upendra Sheth, Mr.
Hiren Upendra Sheth and Mr. Milan Upendra Sheth.

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8. 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
15th November 2016

Smt. Neela W/O Upendra Sheth and 2 Ors. v. Shri Upendra Girdharlal Sheth (Deceased)

Case brief

What is this about?

What did the court decide?

Smt. Neela W/O Upendra Sheth and 2 Ors. v. Shri Upendra Girdharlal Sheth (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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