Allowed

Bhaskar Subramanian Son of Tirumalai Bhaskar Subramanian v. T. B. Subramanian Alias Thirumalaikolundupuram Bhaskara Subramanian @ Tirumalai Bhaskar Subramanian

Bombay HC9 Aug 2023MPT/335/2023

Case brief

AI extract

What is this about?

The High Court at Bombay allowed a Misc. Petition filed by the sole surviving son of a deceased to issue a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, directing the Testamentary Department to grant it within six weeks.

What did the court decide?

Issuance of a Legal Heirship Certificate in favor of the petitioner under Section 2 of Bombay Regulation VIII of 1827.

Bhaskar Subramanian Son of Tirumalai Bhaskar… — Succession and Inheritance | Bombay HC (2023)

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p1.mpt.335.23.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. 335 OF 2023

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T. B. Subramanian alias

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Thirumalaikolundupuram
Bhaskara Subramanian alias

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Tirumalai Bhaskar Subramanian alias
Subramanium..Deceased

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Bhaskar Subramanian s/o Tirumalai Bhaskar
Subramanian..Petitioner

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Mr. Laukik Palekar i/by Tejas Deshpande, Advocate for Petitioner.

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CORAM :MILIND N. JADHAV, J.

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DATE:AUGUST 09, 2023.

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P.C.:

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1. Not on Board. Mentioned. Taken on Board.

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2. Heard Mr. Palekar, learned Advocate for Petitioner.

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3. Perused the praecipe dated 08.07.2023 and Misc. Petition.

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4. This Misc. Petition seeks issuance of Legal Heirship

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Certificate under Section 2 of the Bombay Regulation VIII of 1827 in

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respect of deceased T. B. Subramanian alias Thirumalaikolundupuram
Bhaskara Subramanian alias Tirumalai Bhaskar Subramanian alias

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Subramanium who expired on 25.12.2020. Petition is filed by the son

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and the sole surviving legal heir of the deceased. Averments are to the
effect that parents and wife of the deceased have predeceased him.

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p1.mpt.335.23.doc

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Death certificate of the wife is appended at Exhibit “B” to the Petition.
It is further averred that deceased had two sons out of whom
Petitioner is one of them whereas second son expired as a bachelor on
22.11.2002 and his death certificate is also appended at Exhibit “C” to
the Petition. Purpose for filing the present Petition is stated in
paragraph Nos.5 and 6 of the Petition.

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5. On the basis of the averments made in the Misc. Petition, there can be no impediment in allowing the present Misc. Petition. Hence, Misc. Petition stands allowed in terms of prayer clause (a) which reads thus:-

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“(a) This Hon’ble Court be pleased to issue a Legal Heirship
Certificate in favour of the petitioner under provisions of
Bombay Regulation VIII of 1827 certifying that the petitioner, is
the sole heir and legal representative of the deceased.”

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6. Issuance of proclamation, if any, stands dispensed with.

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7. Testamentary Department is directed to issue the grant to

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the Petitioner within a period of six weeks from today, subject to all
requisite compliances in accordance with law.

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8. Misc. Petition is disposed.

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 [ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed by AJAY AJAY TRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2023.08.09 19:04:06 +0530

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Bhaskar Subramanian Son of Tirumalai Bhaskar Subramanian v. T. B. Subramanian Alias Thirumalaikolundupuram Bhaskara Subramanian @ Tirumalai Bhaskar Subramanian

Case brief

What is this about?

What did the court decide?

Bhaskar Subramanian Son of Tirumalai Bhaskar Subramanian v. T. B. Subramanian Alias Thirumalaikolundupuram Bhaskara Subramanian @ Tirumalai Bhaskar Subramanian

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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