Allowed

Chinmay Raghuram Prabhu and and Anr. v. Sitha Janakiraman Iyer (Deceased)

Bombay HC7 Jan 2023MPT/161/2022

Case brief

AI extract

What is this about?

In a miscellaneous petition, the High Court of Bombay granted a Legal Heirship Certificate to the petitioners for the deceased Sitha Janakiraman Iyer. The court found them to be the sole legal heirs as the deceased died intestate and issueless.

What did the court decide?

Grant of Legal Heirship Certificate in favor of the petitioners under Section 2 of the Bombay Regulation VIII of 1827.

Chinmay Raghuram Prabhu and and Anr. Vs Sitha… — Succession and Inheritance | Bombay HC (2023)

¶1

Digitally signed byMUGDHA M MUGDHA M PARANJAPE PARANJAPE Date: 2023.01.07 16:55:37 +0530

¶2

1 18-MPT 161-22.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.161 OF 2022

¶4

Sitha Janakiraman Iyer … Deceased

¶5

Chinmay Raghuram Prabhu 2. Rupali Vinay Javalgikar … Petitioners

¶6

Mr. Vishnu Wani for the Petitioner.

¶7

CORAM : ARIF S. DOCTOR, J. DATE : 07TH JANUARY 2023

¶8

P.C. :

¶9

The Petitioners seek the grant of a Legal Heirship Certificate under

¶10

the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Sitha Janakiraman Iyer (‘the deceased’), who died on 25/07/2021. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

¶11

The learned Counsel for the Petitioners submitted that the deceased was a divorcee and died issueless. The Petitioners herein are the only legal heirs of the deceased. Hence, there is no need to file the consent affidavits.

Mugdha

1 of 3

2 18-MPT 161-22.doc

The reasons for which the Legal Heirship Certificate is required are set out in Paragraphs 6 to 10 of the Miscellaneous Petition.

¶16

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.

¶17

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

¶18

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

¶19

“a. The petitioners states that in view of the above position and in view of the Petitioners being the Legal Heirs of the deceased have filed the above petition for Heirship Certificate, the petitioners prays that this honourable court be pleased to grant / issue a legal Heirship certificate in favour of the petitioners, under the provision of Bombay Regulation Act, VIII of 1827.”

¶20

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

Mugdha

2 of 3

3 18-MPT 161-22.doc

The proclamation is dispensed with.

¶25

The Miscellaneous Petition is accordingly disposed of. There shall

¶26

be no order as to costs.

¶27

(ARIF S. DOCTOR, J.)

¶28

Mugdha

¶29

3 of 3

Chinmay Raghuram Prabhu and and Anr. v. Sitha Janakiraman Iyer (Deceased)

Case brief

What is this about?

What did the court decide?

Chinmay Raghuram Prabhu and and Anr. v. Sitha Janakiraman Iyer (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

Sitalakshmi Harihara Subramanian Vs Gopalakrishnan Harihara Subramanian (Deceased)

Universal Edu Infra Services Pvt. Ltd. and 4 Others Vs Rudra Infra

Ifci Factors Ltd. Vs Amar Remedies Ltd. through Official Liquidator,High Court, Bombay and 2 Ors.

Monika Baid through Power of Attorney Holder Sh.Chhatar Singh vs Reliance Finance Ltd.

Chitranjan Baid through Attorney Holder Sh. Chhatar Singh vs Reliance Finance Limited

Sri Prasad Prabhu Vs Murur Ravindra Prabhu (Deceased)