Allowed

Nalini Himmatbhai Damani and 3 Others v. Himmatbhai C Damani (Deceased)

Bombay HC20 Feb 2018MPT/11/2018

Case brief

AI extract

What is this about?

The High Court, Bombay, disposed of a miscellaneous petition seeking a Legal Heirship Certificate. Holding the petitioners to be the sole heirs without proceptual dispute, the court dispensed with the proclamation requirement and granted the certificate in favor of the petitioners.

What did the court decide?

A Legal Heirship Certificate is granted to Nalini Himmatbhai Damani, Minesh Himmatbhai Damani, Mahesh Himmatbhai Damani, and Nipa Tejas Maniyar.

Nalini Himmatbhai Damani and 3 Others Vs… — Succession and Inheritance | Bombay HC (2018)

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32-MPT11-18.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 11 OF 2018

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Nalini Himmatbhai Damani & Ors …Petitioners
And
Himmatbhai C Damani…Deceased

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MrPankaj S Shah, for the Petitioners.

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CORAM: G.S. PATEL, J DATED: 20th February 2018

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PC:-

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1.Accepted. Petitioners are the only heirs of the deceased.
Hence, proclamation is dispensed with. It is made returnable
forthwith and taken up for hearing and final disposal.

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2.The Petitioners seek a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Himmatbhai C Damani, who is said to have died intestate in
Mumbai on 27th July 2002. He was ordinarily resident of 10-B,
Sambhavtirth Building, 2-A Bhulabhai Desai Road, Mumbai 400
026. A copy of his death certificate is annexed.

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Page 1 of 2

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20th February 2018

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32-MPT11-18.DOC

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3.The deceased was survived by his widow, two sons and a
married daughter. Their names are mentioned in the tabulation
below paragraph 4 of the petition. All heirs are petitioners.

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4.The Legal Heirship Certificate is required for the purposes of
production before the Government Authorities.

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5.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.

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6.The petition is made absolute in terms of prayer clause (a) in
favour of the persons mentioned in the table below paragraph 4,
namely, Nalini Himmatbhai Damani, Minesh Himmatbhai Damani,
Mahesh Himmatbhai Damani and Nipa Tejas Maniyar.

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7. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J)

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Page 2 of 2
20th February 2018

Nalini Himmatbhai Damani and 3 Others v. Himmatbhai C Damani (Deceased)

Case brief

What is this about?

What did the court decide?

Nalini Himmatbhai Damani and 3 Others v. Himmatbhai C Damani (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

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