The High Court allowed a petition for a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 for the intestate widow, dispensing with proclamation since all heirs consented.
Heirship Certificate to be issued expeditiously in favour of the petitioner and other heirs mentioned.
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.
909-MPTL1582-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION (L) NO. 1582 OF 2018
Gaurishankar G Goenka…Deceased
Sitadevi G Goenka…Petitioner
Mr BG Saraf, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:6th 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 seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Gaurishankar Ganpatrai Goenka, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 26th January 2016. A copy of his death certificate is annexed. The Petitioner is the widow of the deceased.
3. At the time of his death deceased lived at Palm Spring, P-1, Cuffe Parade, Mumbai – 400 005.
Page 1 of 2
6th July 2018
909-MPTL1582-18.DOC
4. The deceased was survived by his three married daughters, two sons and the Petitioner, his widow. There are no other heirs. The deceased’s parents died before him.
5.The Legal Heirship Certificate is required for the purposes of
Income Tax.
6.All the heirs have consented to this Petition. 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.
7. The petition is made absolute in terms of prayer clause (1) in favour of the persons mentioned therein.
8. Heirship Certificate to be issued expeditiously. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J)
Page 2 of 2
6th July 2018
2 issues framed by the court
Whether a Legal Heirship Certificate can be granted where the impugned order of the Registrar is accepted by all heirs.
Whether a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 lies in the circumstances of the case.
1 provisions across 1 enactments
Sitadevi G Goenka
Gaurishankar G Goenka
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court