Allowed

Asha Lachmandas Kirpalani v. Heera Lachmandas Kirpalani Alias Heera Lachmandas Kirpalani (Deceased)

Bombay HC10 Feb 2023MPT/73/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a miscellaneous petition seeking a Legal Heirship Certificate for the deceased Heera Lachmandas Kirpalani. The court certified the petitioner as the sole legal heir under the Hindu Succession Act, 1956 and dispensed with the requirement of a proclamation.

What did the court decide?

The petitioner was certified as the legal heir of the deceased, and a Legal Heirship Certificate was issued with a proclamation dispensed with.

Asha Lachmandas Kirpalani Vs Heera Lachmandas… — Succession and Inheritance | Bombay HC (2023)

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45-73-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISCELLANEOUS PETITION NO. 73 OF 2023

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Heera Lachmandas Kirpalani alias Heera Lachmandas Kirpalani ...Deceased

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Asha Lachmandas Kirpalani ...Petitioner

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Adv. Prabhu Velar for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 10th FEBRUARY, 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 Heera Lachmandas Kirpalani (‘the deceased’), who died at Mumbai on 11th January, 2014. A copy of the death certificate is annexed to the Miscellaneous Petition.

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The deceased left behind him the Petitioner as his only legal heir and next-of-kin of the deceased according to the Hindu Succession Act, 1956.

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The reason for requirement of Legal Heirship Certificate is set out in paragraph No. 6 of the Petition.

A.B.Kakde

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45-73-2023.doc

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

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clause (a) and (b) which read as under :-

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“”a. This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that Asha Lachmandas Kirpalani is the legal heir of the deceased are 1. Asha Lachmandas (daughter) & Lachmandas Pohumal Kirpalani (husband).

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b. Proclamation may be dispensed with.”

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The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

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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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Asha Lachmandas Kirpalani v. Heera Lachmandas Kirpalani Alias Heera Lachmandas Kirpalani (Deceased)

Case brief

What is this about?

What did the court decide?

Asha Lachmandas Kirpalani v. Heera Lachmandas Kirpalani Alias Heera Lachmandas Kirpalani (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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