Allowed

Murur Venkatesh Prabhu v. Murur Radha Krishna Prabhu (Deceased)

Bombay HC7 Jan 2023MPT/217/2022

Case brief

AI extract

What is this about?

The High Court at Bombay allowed the Miscellaneous Petition for a Legal Heirship Certificate under Bombay Regulation VIII of 1827. The court found the petition in order and dispensed with the proclamation for its disposal.

What did the court decide?

Issue of a Legal Heirship Certificate certifying the petitioner and mentioned heirs as the sole legal representatives of the deceased.

Murur Venkatesh Prabhu Vs Murur Radha Krishna… — Succession and Inheritance | Bombay HC (2023)

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

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1 25-MPT 217-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.217 OF 2022

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Murur Radhakrishna Prabhu … Deceased

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Murur Venkatesh Prabhu … Petitioner

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Mr. Mahadeo Sakharam Lad for the Petitioner.

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

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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 one Murur Radhakrishna Prabhu (‘the deceased’), who died intestate in Mumbai on 09/09/2020. 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.

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The Petitioner herein is the only legal heirs of the deceased

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according to the Hindu Succession Act, 1956.

Mugdha

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2 25-MPT 217-22.doc

The reasons for which the Legal Heirship Certificate is required are set out in Paragraph 7 of the Miscellaneous Petition.

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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.

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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.

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

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“A. This Hon’ble Court be pleased to issue a Legal Heir ship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner along with the heirs mentioned above in Para 4 are the only heirs and legal representatives of the said deceased.”

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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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3 25-MPT 217-22.doc

The proclamation is dispensed with.

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The Miscellaneous Petition is accordingly disposed of. There shall

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be no order as to costs.

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(ARIF S. DOCTOR, J.)

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Mugdha

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Murur Venkatesh Prabhu v. Murur Radha Krishna Prabhu (Deceased)

Case brief

What is this about?

What did the court decide?

Murur Venkatesh Prabhu v. Murur Radha Krishna Prabhu (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

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