Allowed

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

Bombay HC12 Dec 2022MPT/269/2022

Case brief

AI extract

What is this about?

This order grants a Legal Heirship Certificate to the petitioners under Section 2 of Bombay Regulation VIII of 1827. The Court certified the widow, daughter, and son as the sole legal heirs of the deceased intestate, dispensing with the requirement of publishing a proclamation.

What did the court decide?

Issuance of a Legal Heirship Certificate certifying three individuals as the legal heirs of the deceased. Proclamation dispensed with.

Prathibha Ramasubramanian D/O Ramasubramanian… — Succession and Inheritance | Bombay HC (2022)

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Digitally signed by MUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2022.12.13 18:59:34 +0530

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1 19-MPT 269-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.269 OF 2022

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L. Ramasubramanian alias Ramasubramanian Lakshmanier alias L. Ramasubramanian S/o. Lakshmanan … Deceased

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Pratibha Ramasubramanian D/o Ramasubramanian Lakshmanier & Anr. … Petitioners

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Ms. Juilee J. Ghadge for the Petitioners.

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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

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deceased L. Ramasubramanian alias Ramasubramanian Lakshmanier alias L. Ramasubramanian S/o. Lakshmanan (‘the deceased’), who is said to have died intestate in Mumbai on 18/06/2013. 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.

Mugdha

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2 19-MPT 269-22.doc

The Legal Heirship Certificate is required to be produced before the concerned authorities of (1) Green Woods Co-operative Housing Society Ltd., 518 Shimpoli Link Road, Chikuwadi, Borivali (West), Mumbai 400 092 and concerned Government Authorities for transferring the said Flat No.104, B Wing, which is more particularly described in the Schedule of properties at Sr. No.1 and (2) concerned Land Revenue Authorities, Village Officer, and other Government Authorities for transferring the land bearing Plot No.204, Survey No.36/1 and Survey No.912 which is more particularly described in the Schedule of properties at Sr. No.2 in the name of the legal heirs of the deceased.

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The said deceased left behind him the following persons as his 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
1.	Jayalakshmi Ramasubramanian W/o.	69	Widow of the
	Ramasubramanian Lakshmanier		Deceased
	Flat No.104, B-Wing, Green Woods CHS Ltd., 518
	Shimpoli Link Road, Chikuwadi, Borivali (West), Mumbai – 400 092.
	Presently residing at C-111, Hewo Apartments,
	MDC Sector-6, Panchkula, Haryana-134114.

Mugdha

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3 19-MPT 269-22.doc

2.	Pratibha Ramasubramanian D/o. Ramasubramanian Lakshmanier Flat No.104, B-Wing, Green Woods CHS Ltd., 518 Shimpoli Link Road, Chikuwadi, Borivali (West), Mumbai – 400 092.	47	Daughter of the Deceased and the Petitioner No.1 herein.
	Presently residing at C-111, Hewo Apartments, MDC Sector-6, Panchkula, Haryana-134114.
3.	R. Prasana Venkateswaran S/o. Ramasubramanian Lakshmanier Flat No.104, B-Wing, Green Woods CHS Ltd., 518 Shimpoli Link Road, Chikuwadi, Borivali (West), Mumbai – 400 092.	44	Son of the Deceased and the Petitioner No.2 herein.
	Presently residing at 858 N Waterford Lane, Wilmington DE 19808 USA.

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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 affidavit of the legal heir is also placed on record.

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The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :-

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“a) That the Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 certifying that (1) Jayalakshmi Ramasubramanian W/o. Ramasubramanian

Mugdha

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4 19-MPT 269-22.doc

Lakshmanier (Widow of the Deceased), (2) Prathibha Ramasubramanian D/o. Ramasubramanian Lakshmanier (Daughter of the Deceased and the Petitioner No.1 herein) and (3) R. Prasana Venkateswaran S/o. Ramasubramanian Lakshmanier (Son of the Deceased and the Petitioner No.2 herein), are the only heirs and legal representatives of the Deceased;”

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

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The issuance of proclamation is dispensed with.

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Miscellaneous Petition is accordingly disposed of. There shall be 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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Prathibha Ramasubramanian D/O Ramasubramanian Lakshmanier v. L.Ramasubramanian Alias Ramasubramanian Lakshmanier (Deceased)

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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