Allowed

Sitalakshmi Harihara Subramanian v. Gopalakrishnan Harihara Subramanian (Deceased)

Bombay HC6 Jan 2023MPT/258/2022

Case brief

AI extract

What is this about?

This petition sought a Legal Heirship Certificate regarding the estate of the deceased Gopalakrishnan Harihara Subramanian. The court observed that no Will was found after a diligent search, no other petitions were pending, and the petitioner supported the application. Consequently, the court allowed the petition and ordered the issuance of the certificate.

What did the court decide?

Permission granted to the petitioner to obtain a Legal Heirship Certificate under Bombay Regulation VIII of 1827.

Sitalakshmi Harihara Subramanian Vs Gopalakrishnan… — Succession and Inheritance | Bombay HC (2023)

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Digitally signed by MUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.01.06 17:29:42 +0530

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1 19-MPT 258-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.258 OF 2022

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Gopalakrishnan Harihara Subramanian … Deceased Vs. Sitalakshmi Harihara Subramanian … Petitioner

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Ms. Rajashree Nair for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 06TH JANUARY 2023

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P.C. :

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The Petitioner seeks the grant of a Legal Heirship Certificate under

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the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of

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one Gopalakrishnan Harihara Subramanian (‘the deceased’), who died in Mumbai on 01/06/2017. A copy of the death certificate is annexed to the Miscellaneous Petition. The Miscellaneous Petition sets out that despite due and diligent search, no Will of the deceased has been found.

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The learned Counsel for the Petitioner submits that the persons mentioned in the Table in Paragraph 4 are the only legal heirs and next of kin of the deceased accordingly to the Hindu Succession Act, 1956.

Mugdha

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2 19-MPT 258-22.doc

Paragraph Nos.10 and 11 of the Miscellaneous Petition set out the reasons for which the Legal Heirship Certificate is required for. The consent affidavits of all the other legal heirs are annexed to 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 perused the present Miscellaneous Petition and heard the learned Counsel appearing on behalf of the Petitioner. I am satisfied that the Miscellaneous Petition deserves to be allowed.

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The present 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 grant “Heirship Certificate” to Petitioner, under the provisions of Bombay Regulation VIII of 1872, certifying that the petitioner is legal heir and representative of the deceased, in respect of the property and credits set forth in Schedule No.1 annexed to the Petition.”

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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 19-MPT 258-22.doc

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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Sitalakshmi Harihara Subramanian v. Gopalakrishnan Harihara Subramanian (Deceased)

Case brief

What is this about?

What did the court decide?

Sitalakshmi Harihara Subramanian v. Gopalakrishnan Harihara Subramanian (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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