Allowed

Avinash Jagannath Naik v. Jagannath Krishnaji Naik (Deceased)

Bombay HC16 Jul 2024MPT/160/2024

Case brief

AI extract

What is this about?

The court allowed the petition for an heirship certificate under Section 2 of the Bombay Regulation VIII of 1827. The deceased died intestate, and the petitioner is the only surviving Class I legal heir after the predecease of his mother and the consent of his siblings.

What did the court decide?

Grant of heirship certificate to petitioner under Section 2 of the Bombay Regulation VIII of 1827; proclamation dispensed with.

Avinash Jagannath Naik vs Jagannath Krishnaji Naik… — Succession and Inheritance | Bombay HC (2024)

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32-mpt-160-2024.doc

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VISHAL SUBHASH PAREKAR

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Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.08.14 17:55:52 +0530

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

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MISCELLANEOUS PETITION NO. 160 OF 2024

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Avinash Jagannath Naik ... Petitioner

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vs.

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Jagannath Krishnaji Naik … Deceased

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Ms. Mooman i/b. Mr. V.B. Ghorpade, for Petitioner.

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CORAM: N.J.JAMADAR, J. DATE : AUGUST 13, 2024

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P.C.

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Heard the learned Counsel for the Petitioner.

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This petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827.

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Jagannath Krishnaji Naik (Deceased) was the father of the Petitioner. He passed away on 8^th August, 2002. At the time of his death, he had a fixed place of abode at Room No. 614, Building No. 11, The Pranjal CHS Ltd., Sardar Nagar-1, Sion-Koliwada, Mumbai 22.

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In the Petition, it is averred that the deceased died intestate, and despite diligent search, no testamentary writing or Will has not been found. The deceased left behind Asha Naik, widow, and two sons and a daughter, the particulars of whom are mentioned in paragraph No. 4 of the Petition.

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Asha Naik passed away on 13^th February, 2009. A copy of the

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Vishal 1/2

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32-mpt-160-2024.doc

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death certificate of Asha Naik is annexed at Exhibit -B. Apart from the petitioner, there is no other legal heir.

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The heirship certificate is required to lay claim over the properties left behind by the deceased.

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Perused the averments in the petition.

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The averments in the petition are supported by the documents. It appears that Asha Naik, the wife of the deceased, passed away on 13^th February, 2009. The petitioner, his brother Rajendra Naik and sister Varsha Naik appear to be the only surviving Class I legal heirs of the deceased. Rajendra Naik and Varsha Naik have filed affidavits giving consent for grant of heirship certificate.

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Thus, I do not find any impediment in granting heirship certificate.

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Hence, the following order :

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ORDER

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(i) The Petition stands allowed in terms of prayer clause (a).

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(ii) Issue of proclamation is dispensed with.

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(iii) Grant expedited.

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( N.J.JAMADAR, J. )

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Vishal 2/2

Avinash Jagannath Naik v. Jagannath Krishnaji Naik (Deceased)

Case brief

What is this about?

What did the court decide?

Avinash Jagannath Naik v. Jagannath Krishnaji Naik (Deceased)

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

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