Allowed

Dhanesh Krishnan v. v. K. Krishnan (Deceased)

Bombay HC22 Dec 2018MPT/148/2018

Case brief

AI extract

What is this about?

This court granted an heirship certificate to the petitioner, the son of the deceased, under Section 2 of the Bombay Regulation Act, 1827. The court accepted the petitioner's status as the sole legal heir under the Hindu Succession Act, 1956, upon the consent of other heirs via affidavits, and dispensed with the requirement of serving a proclamation.

What did the court decide?

Grant of heirship certificate to the petitioner and direction to the office to issue the certificate expeditiously.

Dhanesh Krishnan Vs v. K. Krishnan (Deceased) — Partition | Bombay HC (2018)

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7-MPT148.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISC.PETITION NO. 148 OF 2018

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V.K.Krishnan ….. Deceased

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Dhanesh Krishnan

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….. Petitioner

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Mr.C.J.Joveson, i/b. Mr.Rajashree Naik for the Petitioner.

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CORAM : R.D. DHANUKA, J. DATE : 22^nd DECEMBER, 2018

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P.C .

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By this Miscellaneous Petition, the petitioner who is son of the deceased prays for grant of heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827. The deceased Mr. V.K.Krishnan died on 29^th June, 2015. A copy of the death certificate is annexed to the petition. It is stated in the petition that the deceased died intestate. The names of the legal heirs are disclosed in paragraph (4) of the petition. It is stated that the deceased left behind him surviving as his only heir and next of kins as per Hindu Succession Act, 1956 whose names are disclosed in the paragraph (4) of the petition. The wife and the parents of the deceased predeceased the deceased. Save and except the legal heirs whose names are mentioned in paragraph (4), there are no other legal heirs left by the said deceased. The statements made in the petition are accepted.

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The consent affidavits of the other legal heirs are annexed all

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7-MPT148.18

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dated 14^th March, 2018 giving their full and free consent for grant of the heirship certificate in favour of the petitioner without service of any proclamation upon them and without justifying any surety in respect of their shares in the estate of the deceased. The said consent affidavits are taken on record. The statements made in the affidavit are accepted. The proclamation is dispensed with. The petitioner has made out a case for grant of relief in terms of prayer clause (a).

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The Miscellaneous Petition is made absolute in terms of prayer clause (a).

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The Office is directed to issue heirship certificate expeditiously. No order as to costs.

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[R.D. DHANUKA, J.]

Dhanesh Krishnan v. v. K. Krishnan (Deceased)

Case brief

What is this about?

What did the court decide?

Dhanesh Krishnan v. v. K. Krishnan (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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