The High Court granted a Legal Heirship Certificate to the wife and daughter of a deceased intestate to facilitate property transfer, declaring them as sole legal heirs.
Declaration of Petitioner and others as legal heirs and direction to Registry to issue the Legal Heirship Certificate in standard format.
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.
Digitally signed by MUGDHA M MUGDHA M PARANJAPE PARANJAPE Date: 2022.12.05 17:51:53 +0530
1 25-MPT 155-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.155 OF 2022
Atulkumar Sevantilal Tolia … Deceased
Latha Atulkumar Tolia … Petitioner
Ms. Dhara Shah i/by Satish J. Agarwal for the Petitioner.
CORAM : ARIF S. DOCTOR, J. DATE : 05TH DECEMBER 2022
P.C. :
the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased Atulkumar Sevantilal Tolia (‘the said deceased’), who is said to have died intestate in Mumbai on 28/05/2021. A copy of the death certificate of Atulkumar Sevantilal Tolia is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai.
Mugdha
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2 25-MPT 155-22.doc
following persons as his only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the following address :-
| Sr. | Names and addresses of the heirs of the deceased | Age | Relationship with |
|---|---|---|---|
| No. | abovenamed | the deceased | |
| 1. | Latha Atulkumar Tolia B-102, Vastu Tower, Tower-1, Evershine Nagar, |
52 years |
Wife of the deceased |
| Malad West, Opp. Ryan International School, Mumbai, Maharashtra – 400064. |
(Petitioner) | ||
| 2. | Ananya Atulkumar Tolia B-102, Vastu Tower, Tower-1, Evershine Nagar, |
14 years |
Minor Daughter of the deceased |
| Malad West, Opp. Ryan International School, Mumbai, Maharashtra – 400064. |
|||
| 3. | Bhanumati Sevantilal Tolia | 86 years |
Mother of the deceased |
“(a) That the Petitioner and her minor daughter Ananya Atulkumar Tolia and Bhanumati Sevantilal Tolia be declared as the only legal heirs of Late Atulkuar Sevantilal Tolia”
Mugdha
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3 25-MPT 155-22.doc
of the above person in the standard format prescribed for the same.
costs.
(ARIF S. DOCTOR, J.)
Mugdha
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1 issue framed by the court
Whether the petitioner and stated heirs are entitled to a Legal Heirship Certificate under the Bombay Regulation of 1827.
1 provisions across 1 enactments
Latha Atulkumar Tolia
Atulkumar Sevantilal Tolia
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
