The High Court of Judicature at Bombay allowed a miscellaneous petition for an heirship certificate for the intestate deceased Nanda Manilal Rathod upon consent of her heirs and absence of a will.
Petition allowed; Heirship Certificate issued; Proclamation dispensed with; Grant expedited.
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.
36-MPT-194-2024 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T and I J NO. 194 OF 2024
Vinod Nagin Rathod ...Petitioner Versus Nanda Manilal Rathod ...Deceased
Mr. Nihar Chitre a/w Archana Yadav for Petitioner.
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.08.1410:12:07 +0530
CORAM : N. J. JAMADAR, J. DATE : 12th AUGUST 2024
PC.:
leave to amend the petition so as to correct the name of the heir mentioned at serial No.2 in the table at paragraph No.4 of the petition.
Section 2 of the Bombay Regulation VIII of 1827.
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D.A.ETHAPE
36-MPT-194-2024 (OS).doc
of the petitioner. The deceased passed away on 15th December 2017. At the time of her death, she had a fixed place of abode at Y.C.S. Vidya Mandir, 18th Smita Niwas, Utkarsh Nagar, T. P. Road, Bhandup (W.), Mumbai.
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D.A.ETHAPE
36-MPT-194-2024 (OS).doc
sister of the deceased has filed an affidavit giving consent for issue of heirship certificate. The other heirs of Nanda Rathod namely, Rukh Nagin Rathod and Sachin Nagin Rathod have also filed affidavit giving consent for grant of heirship certificate. I do not find any impediment in granting the Heirship Certificate.
ORDER
which reads as under:
“a. That this Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation Act, VIII of 1827, certifying that the Petitioner along with the other legal heirs mentioned in paragraph 4 are the only legal heirs and representatives of the Deceased;”.
(iii) Grant of heirship certificate is expedited.
(N. J. JAMADAR, J.)
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D.A.ETHAPE
1 issue framed by the court
Whether an application for grant of heirship certificate under the Bombay Regulation Act of 1827 can be allowed when all heirs have consented.
1 provisions across 1 enactments
Vinod Nagin Rathod
Nanda Manilal Rathod
N. J. JAMADAR
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
