Allowed

Prema Nair w/o R K Narayan v. Devaki Amma W/O Madhavan (Deceased)

Bombay HC12 Dec 2022MPT/232/2022

Case brief

AI extract

What is this about?

This petition sought a Legal Heirship Certificate for the deceased Devaki Amma. The court observed that petitioners were the only legal heirs under the Hindu Succession Act and no other petition was filed. The Miscellaneous Petition was made absolute, ordering the issuance of the certificate in standard format.

What did the court decide?

Issuance of Legal Heirship Certificate to the petitioners.

Prema Nair w/o R K Narayan Vs Devaki Amma W/O… — Succession and Inheritance | Bombay HC (2022)

¶1

MUGDHA M PARANJAPE

¶2

Digitally signed by MUGDHA M PARANJAPE Date: 2022.12.13 16:21:22 +0530

¶3

1 15-MPT 232-22.doc

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.232 OF 2022

¶5

Devaki Amma w/o. Madhavan Nair … Deceased Prema Nair w/o R. K. Narayan Nair … Petitioner

¶6

Ms. Sharmila V. Pawar for the Petitioner.

¶7

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

¶8

P.C. :

¶9

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 one Devaki Amma (‘the deceased’), who is said to have died intestate in Mumbai on 15/11/2020. 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.

¶10

The Legal Heirship Certificate is required for the purpose of producing the same before the bank authorities, viz., Canara Bank having its address at NPT Campus Pollachi, Canara Bank, NPT Campus Udumalpet Road, Pollachi, Tamil Nadu – 642003, IFSC Code No.CNRB0016139, Saving Bank

Mugdha

1 of 3

2 15-MPT 232-22.doc

Account No.61392030001090 for claiming the balance amount lying with the said bank.

¶15

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 :-

¶16

Sr. No.	Names and address of the heirs and next of kin of the deceased abovenamed	Age	Relationship with the deceased
1	Prema Nair w/o R. K. Narayan Nair C/o. R. K. Narayan, A/301, Sea Crown, Charkop, Om Sankalp C. H. S. Ltd., Sector-8, Charkop, Kandivali (West), Mumbai 400 067.	68	Married Daughter (Petitioner)
2.	Hemalatha Sasidharan W/o Sasidharan 17/82, Kesavapuram, Thiruvattar, Kanniyakumari, Tamil Nadu – 629177.	65	Married Daughter

¶17

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 affidavit of the legal heir is also placed on record.

Mugdha

2 of 3

3 15-MPT 232-22.doc

The Miscellaneous Petition is therefore made absolute in terms of

¶22

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

¶23

“(A) That the Legal Heirship Certificate may be granted to the Petitioner certifying that (1) Prema Nair w/o R. K. Narayan Nair (married daughter and Petitioner) & (2) Mrs. Hemalatha Sasidharan w/o Sasidharan (Married daughter) are the legal heirs and representatives of the said deceased under the Provisions of the Bombay Regulation Act VIII of 1827; ”

¶24

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

¶25

Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

¶26

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

¶27

(ARIF S. DOCTOR, J.)

¶28

Mugdha

¶29

3 of 3

Prema Nair w/o R K Narayan v. Devaki Amma W/O Madhavan (Deceased)

Case brief

What is this about?

What did the court decide?

Prema Nair w/o R K Narayan v. Devaki Amma W/O Madhavan (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

Case details

Similar cases

Yogesh Subhash Mulye and Anr. (Applicant) Vs Subhash Keshav Mulye and Anr. (Petitioners) and Hemangi Ravindra Mulye (Deceased)

Prakash Bandu Jadyal vs the State of Maharashtra and 6 Ors.

Santosh Vittal Shetty and 3 Others vs Akshar Properties and Another

Nirav Vinod Shah and Anr. Vs Vinod Lakshmshi Shah - Deceased

Aruna Dharamshi Rambhia Vs Dharamshi Kanji Rambhia (Deceased)

Prathibha Ramasubramanian D/O Ramasubramanian Lakshmanier Vs L.Ramasubramanian Alias Ramasubramanian Lakshmanier (Deceased)