Allowed

Bipin Mohanlal Shah v. Shantaben Mohanlal Shah (Deceased)

Bombay HC23 Feb 2024MPT/3/2024

Case brief

AI extract

What is this about?

Petition for a heirship certificate under Bombay Regulation VIII of 1827 by the sole heir of a woman who died intestate. The court found the documents supported his claim and allowed the petition in terms of prayer clause (a), dispensing with proclamation and expediting grant.

What did the court decide?

Heirship certificate granted in terms of prayer clause (a); proclamation dispensed with; grant expedited.

Bipin Mohanlal Shah vs Shantaben Mohanlal Shah… — Succession and Inheritance | Bombay HC (2024)

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17-MPT3-2024.DOC

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SANTOSH SUBHASH KULKARNI

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Santosh

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.09.13 16:41:55 +0530

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

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MISC. PETITION NO. 3 OF 2024

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Bipin Mohanlal Shah ...Petitioner

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Shantaben Mohanlal Shah …Deceased

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Mr. Suyash Kalbhor, a/w Siddharth Desai, i/b Anita Manjalkar, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED: 12^th SEPTEMBER, 2024

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PC:-

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Heard the learned Counsel for the petitioner.

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This petition is filed for grant of heirship certificate

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under Section 2 of the Bombay Regulation VIII of 1827.

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Shantaben Mohanlal Shah (the deceased) was the mother of the petitioner. The deceased passed away on 12^th September, 1989. At the time of her death, the deceased had a fixed place of abode at Mulund, Mumbai,

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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 been found. The deceased had left behind the petitioner as her sole heir. Mohanlal Nagji Shah, the husband of the deceased, predeceased her, on 15^th February, 1981.

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17-MPT3-2024.DOC

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There is no other legal heir of the deceased. The heirship certificate is required for a formal recognition as a legal heir of the deceased.

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I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioner. The petitioner seems to be the sole heir of the deceased. Mohanlal Nagji Shah, the husband of the deceased predeceased her. Copy of death certificate of Mohanlal Shah is annexed to the petition. The petitioner has also produced his School Leaving Certificate. I do not find any impediment in granting the heirship certificate.

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Petition stands allowed in terms of prayer clause (a),

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which reads as under:

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“That a Legal Heirship Certificate Certifying that the Petitioner along with the Heirs mentioned in para no.4 are the only heirs and legal representative of the said deceased i.e. Shantaben Mohanlal Shah under the Provision of Bombay Regulation Act VIII of 1827.”

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Issue of proclamation is dispensed with.

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The grant of heirship certificate is expedited.

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[N. J. JAMADAR, J.]

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Bipin Mohanlal Shah v. Shantaben Mohanlal Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Bipin Mohanlal Shah v. Shantaben Mohanlal Shah (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

Coram

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