Allowed

Supriya Anand Uthale and Anr. v. Pradeep Shankar Shede (Deceased)

Bombay HC17 Jan 2023MPT/55/2022

Case brief

AI extract

What is this about?

The High Court of Bombay allowed a miscellaneous petition seeking a Legal Heirship Certificate under Bombay Regulation VIII of 1827. The court certified two daughters as the sole legal heirs of the deceased, who died intestate, and dispensed with the proclamation procedure.

What did the court decide?

Grant of Legal Heirship Certificate certifying Supriya Anand Uthale and Mansi Mithil Parmale as the sole legal heirs of the deceased.

Supriya Anand Uthale and Anr. Vs Pradeep Shankar… — Succession and Inheritance | Bombay HC (2023)

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Digitally signed byMUGDHA M MUGDHA M PARANJAPE PARANJAPE Date: 2023.01.18 10:23:09 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.55 OF 2022

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Pradeep Shankar Shede … Deceased

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Supriya Anand Uthale

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Mansi Mithil Parmale … Petitioners

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Mr. Ashok M. Misal for the Petitioners.

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CORAM : ARIF S. DOCTOR, J. DATE : 17TH JANUARY 2023

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P.C. :

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The Petitioners seek 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 Pradeep Shankar Shede (‘the deceased’), who died in Mumbai on 13/09/2020. 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. It is therefore assumed that the deceased died intestate.

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The Petitioners are the sole legal heirs of the deceased as per the Hindu Succession Act, 1956.

Mugdha

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The reasons for which the Legal Heirship Certificate is required are set out in paragraphs 7 and 8 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 Petitioners 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) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Supriya Anand Uthale (Married Daughter of the Deceased and the Petitioner No.1 herein) and (2) Mansi Mithil Parmale (Married Daughter of the Deceased and the Petitioner No.2 herein), are the only heirs and Legal Representatives of the Deceased abovenamed.”

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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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As the Petitioners are the sole legal heirs of the deceased, the proclamation is dispensed with.

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The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

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(ARIF S. DOCTOR, J.)

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Mugdha

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Supriya Anand Uthale and Anr. v. Pradeep Shankar Shede (Deceased)

Case brief

What is this about?

What did the court decide?

Supriya Anand Uthale and Anr. v. Pradeep Shankar Shede (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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