Single judge order granting a Legal Heirship Certificate in intestate succession after all heirs consented, dispensing with the proclamation period.
Proclamation dispensed with; Petition for Legal Heirship Certificate made returnable forthwith for final disposal and 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.
25-MPT-87-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 87 OF 2016
Chunilal Bhutmal Shah…Deceased
And
Mr. Hitendra Chunilal Shah…Petitioner
Mr. Rajiv J. Mane, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 30th September 2016
PC:-
1.Accepted. All heirs have consented. Hence proclamation is
dispensed with, and the Petition is made returnable forthwith. The
Petition is taken up for hearing and final disposal.
2.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Chunilal Bhutmal Shah, who is said to have died intestate in
Mumbai, where he was ordinarily resident, on 1st January 1984. A
copy of his death certificate is annexed. The deceased was survived
by his widow, two sons and three daughters. However, one of his
daughters, Kalpana expired on 20th October 1994. The heirs’ names
are mentioned in the tabulation below paragraph 3 of the petition.
One of the sons is the Petitioner.
Page 1 of 2
30th September 2016
25-MPT-87-2016.DOC
3.The deceased during his life time held property in Chennai.
The Heirship Certificate is required for production before the Land
Records and Revenue Authorities.
4.All the heirs consented. 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 Miscellaneous Petition is made absolute.
6. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
30th September 2016
1 issue framed by the court
Whether a Legal Heirship Certificate should be granted under Bombay Regulation VIII of 1827 when all heirs have consented.
1 provisions across 1 enactments
Mr. Hitendra Chunilal Shah
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court