Single judge court allowed a miscellaneous petition for an heirship certificate under Bombay Regulation VIII of 1827 for the deceased Harilal Kalva Gupta, certifying the widow, married daughter, and petitioner son as sole legal heirs.
Issuance of heirship certificate certifying Kusum, Ayesha, and Sagar Gupta as legal heirs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-OS:12052
21 mpt 139 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.139 OF 2024
Sagar Harilal Gupta … Petitioner Harilal Kalva Gupta @ Harilal Kalwa Gupta … Deceased
Mr. Kalpesh Turalkar for Petitioner
CORAM: N.J.JAMADAR, J.
DATE : 8 AUGUST 2024
P.C.
SSP 1/3
21 mpt 139 of 2024.doc whom are furnished in the table at paragraph No.4 of the Petition. Another daughter, Seema, predeceased the deceased. She was a spinster. A copy of the death certificate of Seema is annexed at Exhibit B to the Petition. The heirship certificate is required for formal recognition of the legal heirs in the proceedings before the Mumbai Slum Improvements Board, where the deceased was working and other authorities.
ORDER
(i) The Petition stands allowed in terms of prayer clause
(b), which reads as under :
“(b) This Hon’ble Court be pleased to issue a Legal Heirship Certificate under the provision of Bombay Regulation VIII of 1827 certifying that (1)
SSP 2/3
21 mpt 139 of 2024.doc Kusum Harilal Gupta, (widow), (2) Ayesha Intajar nee Ayesha Harilal Gupta, (married daughter) and (3) Sagar Harilal Gupta, (son and Petitioner abovenamed) are the only legal heirs and legal representatives of the deceased.
(iii) Grant be expedited.
( N.J.JAMADAR, J. )
SSP 3/3
Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/08/2024 10:58:46
3 issues framed by the court
Whether heirship certificate should be granted under Bombay Regulation VIII of 1827
Whether consent of Class I legal heirs negates impediment to grant
Whether proclamation of competition needs to be issued
1 provisions across 1 enactments
Sagar Harilal Gupta
N.J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
