The Bombay High Court allowed a petition filed under Bombay Regulation VIII of 1827 to grant an heirship certificate to the petitioner as a legal heir of his deceased mother, dispensed with the proclamation, and directed expediting the grant.
Petition allowed; heirship certificate granted; 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.
15 MPT 197 OF 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.197 OF 2024
SWAROOP SHARAD PHADKE
Digitally signed by SWAROOP SHARAD PHADKE Date: 2024.06.27 12:03:22 +0530
Subodh Tukaram Sonar
Petitioner
Prabhavati Tukaram Sonar
… Deceased
Mr. Sandesh Kamble, for Petitioner.
CORAM: N.J.JAMADAR, J.
DATE : 25 JUNE 2024
P.C.
away on 10 October 2017. At the time of her death, she had a fixed place of abode at Dahisar (W), Mumbai. In the Petition, it is averred that the deceased had died intestate, and despite diligent search, testamentary writing or Will has not been found. The deceased left behind the Petitioner and his brother Umesh Tukaram Sonar, whose
particulars are mentioned in paragraph No.4 of the Petition. The husband of the deceased predeceased her on 8 January 2008 and a copy of the death certificate of the husband of the deceased is annexed at Exhibit B.
SSP 1/2
15 MPT 197 OF 2024.doc surviving Class I legal heirs of the deceased. Umesh has filed an affidavit giving consent for grant of heirship certificate. The heirship certificate is required to transfer the immovable property mentioned in Schedule I to the Petition. The averments in the petition are supported by the documents. I do not find any impediment in granting heirship certificate.
ORDER
(i) The Petition stands allowed in terms of prayer clause (a), which reads as
under :
“(a) That the legal Heirship Certificate thereby certifying the Petitioner Subodh Tukaram Sonar and Umesh Tukaram Sonar be recognized legal heir and representatives of the deceased be granted to the Petitioner.”
(iii) Grant be expedited.
SSP 2/2
2 issues framed by the court
Whether the petitioner is eligible for a grant of heirship certificate as a legal heir of the deceased dying intestate.
Whether dispensation from issuing a proclamation is permissible in this case.
1 provisions across 1 enactments
Swaroop Sharad Phadke
Prabhavati Tukaram Sonar
N.J. Jamadar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
