Allowed

Krishna Ramchandra Shikhare v. Shikhare Savitrabai Ramchandra (Deceased)

Bombay HC9 Jun 2023MPT/180/2022

Case brief

AI extract

What is this about?

The High Court allowed a miscellaneous petition seeking issuance of a legal heirship certificate under the Bombay Regulation VIII of 1827 to regularize property transfer for a residential house, granting it based on undisputed service of proclamation.

What did the court decide?

Legal Heirship Certificate granted recognizing Krishna Ramchandra Shikhare, Suresh Ramchandra Shikhare, and Kusum Prabhakar Shinde as legal heirs of the deceased.

Krishna Ramchandra Shikhare Vs Shikhare Savitrabai… — Succession and Inheritance | Bombay HC (2023)

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15.mpt.180.22.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISC. PETITION NO. 180 OF 2022

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Shikhare Savitribai Ramchandra ..Deceased
Krishna Ramchandra Shikhare..Petitioner

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Mr. S.D. Bhandary, Advocate for Petitioner.

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CORAM:MILIND N. JADHAV, J.
DATE:JUNE 09, 2023.

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P.C.:

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1. Heard Mr. Bhandary, learned Advocate for Petitioner.

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2. Present Misc. Petition is filed by the Petitioner for issuance

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of legal heirship certificate under Section 2 of the Bombay Regulation
VIII of 1827 in respect of claim to the estate deceased Savitribai
Ramchandra Shikhare. Deceased Savitribai R. Shikhare is survived by
two legal heirs i.e. Suresh Ramchandra Shikhare (son) and Kusum
Prabhakar Shinde (daughter) who are the brother and sister of the
Petitioner. The details are given in paragraph No.3 of the Petition.

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3. By order dated 20.02.2023 liberty was granted to the Petitioner to serve the proclamation by way of substitute service

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4. Mr. Bhandary has placed on record the Affidavit of service in

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respect of publication of the proclamation in two local newspapers as
required by law. Affidavit of service dated 27.03.2023 is taken on

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15.mpt.180.22.doc

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record and marked ‘X’ for identification. I have perused the said
Affidavit of service and the newspapers report which have been
published in respect to the proclamation.

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5. Today, none appears for Suresh R. Shikhare and Kusum P.

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Shinde.

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6. Purpose for filing the present Petition is in paragraph No.10

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which reads thus:-

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“10. The Petitioner has truly set forth in the Schedule,
hereto annexed and marked Exhibit Eis the debts and securities
in respect of which the legal Heirship Certificate is required and
for purpose of producing before the concerned Mumbai
Housing and Area Development Board, Bandra East, Mumbai 51
to effectively regularise/transfer the residential house being
Room No.22, Building No.6, 1st Floor Mahatma Gandhi Co-
operative Housing Society Ltd., Dharavi Koliwada, Mumbai 400
017 into his name from that of his deceased mother. The
Mumbai Housing and Area Development Board Authority’s
record it is not transferred into his name effectively. The said
assets of residential premises in respect of which the legal
heirship Certificate is required are of the value of about
Rs.35,00,000/- (Rupees Thirty-five Lakhs only)”

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7. In view of the above, present Misc. Petition is allowed and disposed of in terms of prayer (a) which reads thus:-

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“(a) Legal Heirship Certificate may be granted thereby certifying KRISHNA RAMCHANDRA SHIKHARE, SURESH RAMCHANDRA SHIKHARE and KUSUM PRABHAKAR SHINDE be recognised as Legal Heirs and representatives of the deceased.”

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8. Misc. Petition is disposed.

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 [ MILIND N. JADHAV, J. ]

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Krishna Ramchandra Shikhare v. Shikhare Savitrabai Ramchandra (Deceased)

Case brief

What is this about?

What did the court decide?

Krishna Ramchandra Shikhare v. Shikhare Savitrabai Ramchandra (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

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