Allowed

Vatsala Mahableshwar Raikar and 2 Others v. Mahabaleshwar Vithoba Raikar (Deceased)

Bombay HC16 Sept 2016MPT/74/2016

Case brief

AI extract

What is this about?

In this miscellaneous petition, the High Court granted a Legal Heirship Certificate under Bombay Regulation VIII of 1827 to the petitioners, who are the legal heirs of the deceased Mahabaleshwar Vithoba Raikar, who died intestate in Mumbai.

What did the court decide?

Granted a Legal Heirship Certificate declaring the petitioners as the legal heirs of the deceased.

Vatsala Mahableshwar Raikar and 2 Others Vs… — Succession and Inheritance | Bombay HC (2016)

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20-MPT74-16.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. 74 OF 2016

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Vatsala Mahabaleshwar Raikar & 2 Ors.…Petitioners
And
Mahabaleshwar Vithoba Raikar…Deceased

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Mrs. Rashmi N. Jani, for the Petitioners.

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CORAM: G.S. PATEL, J DATED: 16th September 2016

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PC:-

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1.The three Petitioner are all heirs of the deceased. The 4th
Petitioner, Rohini Vilas Kurdekar has consented. 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 seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Mahabaleshwar Vithoba Raikar, who is said to have died intestate in
Mumbai, where he was ordinarily resident, on 11th November 1997.
A copy of his death certificate is annexed.

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Page 1 of 3

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16th September 2016

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20-MPT74-16.DOC

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3.There are no other heirs except for those whose names are
shown in paragraph 4. Another son Uday Mahabalaeshwar Raikar
died on 26th May 1998.

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4.During his lifetime, the deceased was a tenant of Room No.
10, Bhadran Bhuvan, 13 Manchhubhai Road, Malad (East), Mumbai
400 097. this chawl was purchased from its original owners. The
new purchaser has entered into an agreement with the previous
owners. The chawl is being redeveloped. The names of the heirs of
the deceased are mentioned below paragraph 4 of the petition. The
Legal Heirship Certificate is required for the purposes of that
property.

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5.All the heirs have granted consent. 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),
which reads as follows:

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“(a) That Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1927 be granted to the Petitioners declaring that the Petitioners, viz., (1) VATSALA MAHABLESHWAR RAIKAR, (2) REKHA VINAY POTDAR Nee name REKHA MAHABLESHWAR RAIKAR, (3) GANESH MAHABLESHWAR RAIKAR & ROHINI VILAS KURDEKAR Nee

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Page 2 of 3

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16th September 2016

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20-MPT74-16.DOC

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name ROHINI MAHABLESHWAR RAIKAR, are
the legal heirs of the deceased Late
MAHABLESHWAR VITHOBA RAIKAR.”

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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 3 of 3
16th September 2016

Vatsala Mahableshwar Raikar and 2 Others v. Mahabaleshwar Vithoba Raikar (Deceased)

Case brief

What is this about?

What did the court decide?

Vatsala Mahableshwar Raikar and 2 Others v. Mahabaleshwar Vithoba Raikar (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

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