Allowed a misc. petition seeking a legal heirship certificate. The court found the petitioner to be the sole brother and heir of the deceased, satisfied the proclamation issued no objections, and granted the certificate in terms of the prayer clause.
Issuance of a legal heirship certificate in favour of the petitioner as the sole heir.
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.
mpt 15-2017.doc
sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC.PETITION NO. 15 OF 2017
Sunil Laxman Salaskar
...Deceased
Anil Laxman Salaskar
...Petitioner
Mr.Amol Dhumal I/b. Vijay Kokitkar for Petitioner.
CORAM : S.C. GUPTE, J.
DATE : 3 NOVEMBER 2017
P.C. :
The present misc.petition seeks legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827. The Petitioner claims to be the sole heir and next of kin of the deceased in accordance with the Hindu Succession Act, 1956. The petition was accepted and a proclamation was directed to be issued on 8 March 2017. The proclamation has since been issued. An affidavit in this behalf is placed on record. The affidavit states that no person has raised any objection to issuance of legal heirship certificate in favour of the Petitioner. Perused the proclamation and the affidavit and also the misc.petition and documents produced therewith, including the death certificate of the deceased and the identity of the Petitioner as the brother and sole heir of the deceased. The court is satisfied about the claim of legal heirship of the Petitioner. The petition is accordingly allowed in terms of prayer clause (a).
1 / 1
1 issue framed by the court
Whether the petitioner is entitled to a legal heirship certificate as the sole heir of the deceased under the Hindu Succession Act, 1956.
1 provisions across 1 enactments
Anil Laxman Salaskar
S.C. GupTE, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
