Allowed

Dinesh Ramji Patel v. Jija Ramji Patel (Deceased)

Bombay HC12 Dec 2022MPT/187/2022

Case brief

AI extract

What is this about?

High Court of Bombay, Testamentary and Intestate Jurisdiction granted a Legal Heirship Certificate to the petitioner and other named heirs of a deceased person who died intestate in Mumbai, relying on consent affidavits and applicable regulations.

What did the court decide?

Legal Heirship Certificate granted certifying the petitioner and six other listed individuals as the only legal heirs of the deceased under the Bombay Regulation VIII of 1827.

Dinesh Ramji Patel Vs Jija Ramji Patel (Deceased) — Succession and Inheritance | Bombay HC (2022)

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Digitally signed by MUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2022.12.13 16:21:10 +0530

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1 14-MPT 187-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.187 OF 2022

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Jija Ramji Patel … Deceased Dinesh Ramji Patel … Petitioner -----

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Ms. Nisha Shah for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 12TH DECEMBER 2022

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P.C. :

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The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased Jija Ramji Patel (‘the deceased’), who is said to have died intestate in Mumbai on 21/10/2020. A copy of the death certificate of the deceased is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai.

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The Legal Heirship Certificate is required for submitting the same along with the application to be filed with the banks for operating the bank accounts and fixed deposits standing in the name of the deceased.

Mugdha

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The said deceased left behind her the following persons as her only heirs and next of kin according to the Hindu Succession Act, 1956, who are residing at the following address :-

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Sr.	Full name and address of the next of kins	Age	Relationship with
No.			the deceased
a.	Mrs. Leelaben Giridhar Patel Room No.23, Ambaji Waghji Chawl, Ganesh Chowk, Altaf Nagar, Ghatkopar West, Mumbai 400 086.	60 years	Married daughter
b.	Mrs. Kastur Pravin Patel Room No.1, Opposite Sanyas Ashram, Near Parmeshwar Dham, Patra Chawl, Rajawadi Road No.07, Ghatkopar East, Mumbai 400 077.	53 years	Married daughter
c.	Mr. Dinesh Ramji Patel Room No.10, Bhaveshwar C.H.S., Patel Chawl, Hanuman Nagar, Parksite Road No.1, Beside Sandesh Vidhyalaya Junior College, Vikhroli, Mumbai 4000 079.	50 years	Son (Petitioner herein)
d.	Mrs. Bhavna Dhanji Patel 3-13, Bhaveshwar Nagar, Tilak Road, Shiv Mandir, Ghatlopar East, Mumbai 400 077.	48 years	Married daughter
e.	Mrs. Maya Ashok Patel Room No.03, Jawahar Nagar, Rajawadi Pipeline, O.N.G.C., Colony Chawl No.-B, Mumbai 400 077.	46 years	Married daughter

Mugdha

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f.	Mrs. Saraswati Jiten Patel	41	Married daughter
	B/71, Opposite Shopper Stop, Hanuman Asha	years
	Nagar, Pestom Sagar Road No.3, Tilak Nagar,
	Mumbai 400 089.
g.	Mrs. Jigna Darshan Solanki	39	Married daughter
	C-76/002, Sahakardeep CHSL, Shanti Nagar,	years
	Sector-09, Mira Road East, Thane 401107.

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No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. The consent affidavits of the legal heirs are also placed on record.

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The Miscellaneous Petition is therefore made absolute in terms of

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prayer clause (a) of the Miscellaneous Petition, which reads as under :-

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“a. An Heirship Certificate certifying that the Petitioner along with the other persons whose names are set out in the table in paragraph 5 above are the only heirs of the Deceased under the provisions of the Bombay Regulation VIII of 1827;”

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The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

Mugdha

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Miscellaneous Petition is accordingly disposed of. There shall be

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no order as to costs.

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All concerned to act on the authenticated copy of this order.

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(ARIF S. DOCTOR, J.)

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Mugdha

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Dinesh Ramji Patel v. Jija Ramji Patel (Deceased)

Case brief

What is this about?

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Dinesh Ramji Patel v. Jija Ramji Patel (Deceased)

Case brief

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