Petitioner sought a Legal Heirship Certificate under Bombay Regulation VIII of 1827 for her deceased husband. The court found affidavits consistent and dispensed with the need for a succession certificate.
Grant of Legal Heirship Certificate; dispensation with issuance of Proclamation.
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14-mpt-286-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO. 286 OF 2022
Ravindra Babaram Bane ...Deceased Nilam Ravindra Bane ...Petitioner
Mr. Manoj M. Mane for the Petitioner.
CORAM : ARIF S. DOCTOR, J.
DATE : 09th JANUARY, 2023
P.C. :
1 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 Ravindra Babaram Bane (‘the deceased’), who is said to have died intestate at
Mumbai on 23rd March, 2019. A copy of the death certificate of the deceased is
also annexed to the Miscellaneous Petition.
Will, none has been found.
A.B.Kakde 1/3
14-mpt-286-2022.doc
3 In paragraph 4 of the Petition the names of the only legal heirs and next of kins of the deceased according to the Hindu Succession Act, 1956 have been set out.
4 The learned counsel for the Petitioner submitted that the consent affidavits of the legal heirs are on record.
5 The reason for which the legal heirship certificate is required is set out in paragraph 9 of the Petition.
6 I have heard the learned counsel appearing for the Petitioner as well as perused the said Petition and find that the same is in order and deserves to be allowed in the interest of justice.
7 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.
8 The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) & (b) which read as under :-
“(a). That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Nilam Ravindra Bane (Widow of the deceased and the Petitioner herein), (2) Amol Ravindra Bane(Son of the decease) and (3) Madhura Ravindra Bane (Daughter of the deceased), are the only heirs and Legal representatives of
A.B.Kakde 2/3
14-mpt-286-2022.doc
the deceased.
(b). That issuance of Proclamation be dispensed with”.
9 The Registry shall issue the Legal Heirship Certificate in the
standard format prescribed for the same.
10 Miscellaneous Petition is accordingly disposed of. There shall be no
order as to costs.
(ARIF S. DOCTOR, J)
A.B.Kakde 3/3
Nilam Ravindra Bane
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
