Allowed

Leeladevi Hiralal Jain v. Hiralal Ranglal Jain (Deceased)

Bombay HC8 Nov 2017MPT/75/2017

Case brief

AI extract

What is this about?

The High Court of Bombay allowed a Miscellaneous Petition for a legal heirship certificate. Satisfied by the petitioner's claim and supporting documents regarding the deceased's estate, the court granted the petition as no objections were received.

What did the court decide?

The Miscellaneous Petition is allowed and a legal heirship certificate is granted to the petitioner.

Leeladevi Hiralal Jain Vs Hiralal Ranglal Jain… — Succession and Inheritance | Bombay HC (2017)

¶1

32.MPT.75.17.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

TESTAMENTARY AND INTESTATE JURISDICTION

¶4

MISCELLANEOUS PETITION NO.75 OF 2017

¶5

Leeladevi Hiralal Jain ….Petitioner Versus Hiralal Ranglal Jain ….Deceased …...

¶6

Mr. A.S. Tripathi, for the Petitioner.

¶7

CORAM : S.C.GUPTE, J.

¶8

DATE : 8 NOVEMBER, 2017

¶9

P.C. :

¶10

. The Miscellaneous Petition seeks legal heirship certificate under Section 2 of the Bombay Regulation VII of 1827. The Petitioner requires original documents, which were deposited by the deceased Hiralal Ranglal Jain with LIC Housing Finance Limited for availing of a loan, after the closure of the loan account.

¶11

The Petitioner is the widow of the deceased Hiralal Ranglal Jain. Apart from the Petitioner, there are four other legal heirs of the deceased, the names of whom are set out in paragraph 4 of the petition. The petition was accepted and a proclamation was directed to issue on 25.07.2017. In pursuance of that order, a proclamation has been duly issued and displayed on the notice-board of this Court. There is an affidavit of proof of service. The legal heirs of the

¶12

Pg 1 of 2

¶13

32.MPT.75.17.doc

¶14

deceased, other than the Petitioner, who are described in the petition, have already affirmed consent affidavits consenting to the grant of legal heirship certificate to the Petitioner without justifying surety for their respective shares. There are no objections received in response to the proclamation.

¶15

This Court is satisfied, after having regard to the averments made in the Miscellaneous Petition and the documents submitted therewith including the death certificate of the deceased and other documents including the consent affidavits of the legal heirs of the deceased, about the Petitioner's claim to legal heirship.

¶16

Accordingly, the Miscellaneous Petition is allowed in terms of prayer clause (a).

¶17

All parties, including LIC Housing Finance Limited, to act on the authenticated copy of this order.

¶18

(S.C. GUPTE, J.)

¶19

Aarti Palkar

¶20

Pg 2 of 2

Leeladevi Hiralal Jain v. Hiralal Ranglal Jain (Deceased)

Case brief

What is this about?

What did the court decide?

Leeladevi Hiralal Jain v. Hiralal Ranglal Jain (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

Case details

Similar cases

Jamil Jalil Shaikh Vs Jalil Ahmad Ajadali Shaikh (Deceased)

Manju Anil Aggarwal (Alias Manju Lalchand Aggarwal) Vs Rammurti Lalchand Goyal and Anr.

Malti Ramakant Koli Vs Prakash Bhiwa Keny (Caveator)

Ashok Vishnu Sonawane Vs Vishnu Savlaram Sonawane (Deceased)

Dhanpati M. Balmiki. Vs Sangita Dharampal Balmiki - Applicant

Devika Vikram Sardar Vs Shakuntala Vikram Sardar (Deceased)