This miscellaneous testamentary application sought a declaration that the applicant's son, missing since 1999, is dead. After issuing newspaper notices and receiving no objections, the court allowed the application.
A declaration that the son and legal heir of the deceased, Suresh Bhagwanta Jadhav, who has been missing since 1999, is legally dead.
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.
mta1-17.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. TESTAMENTARY APPLICATION NO.1 OF 2017 IN TESTAMENTARY PETITION NO.1058 OF 2016
Uttam Bhagwanta Jadhav ...Applicant/Petitioner Ganesh Suresh Jadhav ....Respondent
...Applicant/Petitioner
Mr. Rajesh Kanojia, i/b. RES Juris, for the Applicant.
CORAM : S.C. GUPTE, J.
DATED: 30 OCTOBER, 2017
P.C. :
. This Miscellaneous Testamentary Application seeks a declaration that the son and legal heir of the deceased, Suresh Bhagwanta Jadhav, who has been missing from the year 1999, is dead. All the other heirs and next of kin of the deceased, who are listed in paragraph 2 of the Miscellaneous Testamentary Application, have given their consents in support of the application. By an order dated 18 July 2017, the Petitioner was directed to issue a notice in two local newspapers of the present Miscellaneous Application. The notice has been duly issued in the local newspapers and affidavit to that effect has been filed by the Petitioner. None appears in response to this notice. The Miscellaneous Testamentary Application is, accordingly, allowed in terms of prayer clauses (a) and (b).
( S.C. GUPTE, J. )
Pg 1 of 1
1 issue framed by the court
Whether a declaration that the missing son of the deceased is dead can be granted under the applicable provisions given the absence of objections from notified parties.
S.C. GUPTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
