The High Court of Judicature at Bombay allowed a miscellaneous petition filed by the widow of a deceased Hindu for the grant of an heirship certificate under the Bombay Regulation Act of 1827, based on consent affidavits from other legal heirs.
Irrehip certificate issued expeditiously.
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.
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10-MPT161.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC.PETITION NO. 161 OF 2018
Shashikant Vinayak Bedekar ….. Deceased Ulka Shashikant Bedekar ….. Petitioner
Ms.Sonia Redkar, a/w. Ms.Sheetal Chavan for the Petitioner.
CORAM : R.D. DHANUKA, J. DATE : 19th DECEMBER, 2018
P.C .
By this Miscellaneous Petition, the petitioner prays for grant of heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827 of the deceased Mr.Shashikant Vinayak Bedekar who died at Mumbai on 11th June, 2018. A copy of the death certificate is annexed to the petition. The names of the legal heirs are disclosed in paragraph (4) of the petition. The petition is filed by the widow of the deceased. It is stated in the petition that the said deceased left behind him only the legal heirs and next of kins as per Hindu Succession Act, 1956 whose names are disclosed in the paragraph (4) of the petition. The said deceased died leaving behind his mother, widow and the only daughter described in paragraph (4) of the petition. The deceased had no son. Save and except the names mentioned therein, there are no other legal heirs and next of kin left by the deceased.
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10-MPT161.18
August,2018 giving their full and free consent for grant of the heirship certificate in favour of the petitioner without service of any citation/notice/proclamation upon them and without justifying any surety in respect of their share in the estate of the deceased. Consent affidavits are taken on record. The statements made in the affidavit are accepted.
[R.D. DHANUKA, J.]
1 issue framed by the court
Whether the petitioner is entitled to a heirship certificate as the widow and legal heir of the deceased.
2 provisions across 2 enactments
Shashikant Vinayak Bedekar (Ulka Shashikant Bedekar)
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
