The Court allowed a petition for a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827. Since all surviving heirs consented and no other legal impediments existed, the Court dispensed with the proclamation and ordered the immediate issuance of the certificate.
Heirship 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.
912-MPT83-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 83 OF 2018
Nivrutti Jaiwant Misal…Deceased
Kiritkumar Nivrutti Misal…Petitioner
Mrs Ankita A Gadkari, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:13th July 2018
PC:-
1. Accepted. All the heirs have consented. Hence proclamation dispensed with. Petition is made returnable forthwith and taken up for hearing and final disposal.
2. The Petitioner is the son of the deceased. He seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of his father Nivrutti Jaiwant Misal, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 29th August 2012. A copy of his death certificate is annexed.
3. At the time of his death the deceased lived at Durga Nagar, Near MES Colony, Arurli Cross Road, Kandivali (East), Mumbai 400 101.
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13th July 2018
912-MPT83-18.DOC
4. The deceased was survived by his widow, Kanta N Misal, the Petitioner and deceased’s daughter Jaymala N Misal. Kanta and Jaymala have consented and their Consent Affidavits are at pages 19 and 21, respectively. There are no other heirs.
5. During his lifetime, the deceased was in service with Western Railway. The heirship certificate is required for production before the Western Railway Authorities for collection of his dues and to apply for employment on compassionate grounds.
6. There is no impediment to the grant of relief. No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed.
7. The petition is made absolute in terms of prayer clause (a).
8. Heirship Certificate be issued expeditiously.
9. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J)
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13th July 2018
1 issue framed by the court
Whether to issue a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 when all heirs have consented.
1 provisions across 1 enactments
Kiritkumar Nivrutti Misal
Kanta N Misal
Jaymala N Misal
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court