Allowed

Dharmaraj Viswanath v. Gomathy G. (Alias) Gomathy G. (Deceased)

Bombay HC23 Feb 2018MPT/20/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, in a miscellaneous petition, granted an absolute order for the issuance of a Legal Heirship Certificate under Bombay Regulation VIII of 1827. The court observed that all other heirs had consented to the petition, no opposing petitions were filed, and consequently dispensed with the requirement of issuing a proclamation.

What did the court decide?

The petition was allowed and the Legal Heirship Certificate was granted in favour of Dharmaraj Viswanath, Jayashree Satish Iyer, Gayatri Narayan Iyer, and Madhuri Krishnakumar.

Dharmaraj Viswanath Vs Gomathy G. (Alias) Gomathy… — Succession and Inheritance | Bombay HC (2018)

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912-MPT20-18.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 20 OF 2018

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Dharmaraj Viswanath…Petitioner
And
Gomathy G Alias Gomathy G…Deceased

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Mr SU Lakdawala, for the Petitioner.

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CORAM:G.S. PATEL, J
DATED:23rd February 2018

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PC:-

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1.Accepted. Since all the other heirs have consented, issuance
of proclamation is dispensed with. The Petition is forthwith taken
up for hearing and final disposal.

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2.The Petitioner seeks a Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827 in respect of one
Gomathy G Alias Gomathy G wife of Dharmaraj Alias Gomathy
Dharmaraj Alias Gomathy, who is said to have died intestate in
Mumbai, where she was ordinarily resident, on 3rd October 2012. A
copy of her death certificate is annexed.

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Page 1 of 2

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23rd February 2018

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912-MPT20-18.DOC

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3.The deceased was survived by her husband and three married
daughters. Their names are mentioned in the tabulation below
paragraph 4 of the petition.

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4.The Legal Heirship Certificate is required for the purposes of
submission to the Authorities in Tamil Nadu in relation to an
immovable property situated at Coimbatore.

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5.The heirs other than the Petitioner have consented. 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, (i) Mr Dharmaraj Viswanath, (ii) Mrs Jayashree Satish Iyer,
(iii) Mrs Gayatri Narayan Iyer, and (iv) Mrs Madhuri Krishnakumar.

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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
23rd February 2018

Dharmaraj Viswanath v. Gomathy G. (Alias) Gomathy G. (Deceased)

Case brief

What is this about?

What did the court decide?

Dharmaraj Viswanath v. Gomathy G. (Alias) Gomathy G. (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

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