Single judge order granting a Legal Heirship Certificate to the widow and son of the deceased under Bombay Regulation VIII of 1827, dispensing with proclamation due to consent.
Petition made returnable forthwith and declared absolute for issuance of Legal Heirship Certificate to petitioners.
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.
49-MPT77-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 77 OF 2016
Babu Mallayya Kuchan Alias Laxmi Narasayya …Deceased
Akula Alias Akula Laxmi Narsaya
And
Chandrakala Babu Kuchan & Another…Petitioners
Mr. N.P. Dalvi, for the Petitioners.
CORAM: G.S. PATEL, J DATED: 14th September 2016
PC:-
1.Accepted. The Petitioners are the widow and son of the
deceased. The mother has consented. Hence, proclamation is
dispensed with. The Petition is made returnable forthwith.
2.The Petitioners seek a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of Babu
Mallayya Kuchan alias Laxmi Narasayya Akula alias Akula Laxmi
Narsaya, who is said to have died intestate in Mumbai, where he was
ordinarily resident, on 24th October 2007. A copy of his death
certificate is annexed. The deceased was survived by his widow, one
son and his mother. Their names are mentioned in the tabulation
below paragraph 4 of the petition.
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14th September 2016
49-MPT77-16.DOC
3.During his lifetime, the deceased worked with the Municipal
Corporation for Greater Mumbai, G/North Ward. The Petitioner
has sought employment on humanitarian and compassionate
grounds.
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 reads 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 Petitioners 1) Chandrakala Babu Kuchan (Widow) and 2) Nikhil Laxmi Akula (Son) along with Ansuya Mallayya Kuchan are the only heirs and legal representatives of the deceased.”
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
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14th September 2016
1 issue framed by the court
Whether the petitioners are eligible for issuance of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827.
1 provisions across 1 enactments
Chandrakala Babu Kuchan & Another
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court