The High Court granted a legal heir-ship certificate to the petitioner under the Bombay Regulation Act 1827, as no objections were received following a court proclamation regarding the deceased's heirs.
Petition declared absolute; legal heir-ship certificate to be issued in the names of the persons listed in paragraph 5.
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.
mpt98-17.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO.98 OF 2017
Vinod Kannu Solanki ...Petitioner
vs
Kannu Ishwar Solanki ....Deceased
Mr. Rajiv Jadhav, for the Petitioner.
CORAM : S.C. GUPTE, J.
DATED: 13 OCTOBER, 2017
P.C. :
. The Petitioner seeks a legal heir-ship certificate under Section 2 of Bombay Regulation Act VIII of 1827. The Plaintiff claims to be declared as a legal heir along with other legal heirs of the deceased Kannu Solanki, names of whom are set out in paragraph 5 of the miscellaneous petition. The deceased was working with the ESIS Hospital in Mumbai. The Plaintiff has applied for employment on compassionate ground, and for that purpose, needs the present heir-ship certificate. After noting the consent affidavits made by all legal heirs referred in para 5, this Court caused issuance of a proclamation. The proclamation was issued on 11 September 2017 inviting all persons disputing the right of the Applicant to appear in the Court within one month and enter their objections. There is no objection offered in pursuance of the proclamation. This Court is satisfied that there is adequate proof of the right of the Applicant to apply for a heir-ship
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mpt98-17.doc
certificate. None of the legal heirs of the deceased objects to the grant. Accordingly, the petition is made absolute. A legal heir-ship certificate will be issued in the names of the persons named in paragraph 5 of the petition, including the Petitioner herein. All concerned to act on an authenticated copy of this order.
( S.C. GUPTE, J. )
1 issue framed by the court
Whether the petitioner is entitled to a legal heir-ship certificate under Section 2 of the Bombay Regulation Act VIII of 1827.
1 provisions across 1 enactments
Vinod Kannu Solanki
Kannu Ishwar Solanki
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
