Allowed

Daksha Narendra Mehta v. Narendra Vithaldas Mehta (Deceased)

Bombay HC6 Aug 2024MPT/203/2024

Case brief

AI extract

What is this about?

Widow sought an heirship certificate for herself and her two sons after her husband died intestate in Mumbai, with no Will found and no other heirs. The court found the claim supported by documents and consent affidavits and allowed the petition.

What did the court decide?

Heirship certificate granted certifying petitioner (widow) and sons Sohil and Amay as only legal heirs; proclamation dispensed with.

Daksha Narendra Mehta vs Narendra Vithaldas Mehta… — Succession and Inheritance | Bombay HC (2024)

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2024:BHC-OS:17368

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32 mpt 203 of 2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.203 OF 2024

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Daksha Narendra Mehta

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… Petitioner

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Narendra Vithaldas Mehta … Deceased

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Ms. Suman Chauhan i/by Mr. Pranot Pawar, for Petitioner.

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CORAM: N.J.JAMADAR, J. DATE : 22 OCTOBER 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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Narendra (deceased) was the husband of the Petitioner. The deceased passed away on 8 December 2020. At the time of her death, the deceased had a fixed place of abode at at D/402, Deepraj Apartments LT Road, Vazira Naka, Borivali West, Greater Mumbai 400091.

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The Petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased had left behind the Petitioner and two sons Sohil and Amay, particulars of whom are furnished in the table at paragraph No.4 of the Petition. The parents of the deceased predeceased him. There is no other legal heir. Heirship certificate is required for a formal declaration that the

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Petitioner and her two sons are the legal heirs of the deceased.

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SSP 1/2

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32 mpt 203 of 2024.doc 5. I have perused the averments in the Petition. The documents lend credence to the claim of the Petitioner. The Petitioner and her two sons, namely, Sohil and Amay appear to be the surviving Class I legal heirs of the deceased. Sohil and Amay have filed affidavits giving their consent for grant of heirship certificate. I do not find any impediment in granting heirship certificate to them.

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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), which reads as under :

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“(a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Daksha Narendra Mehta,( the Widow of the Deceased and the Petitioner abovenamed), (2) Sohil Narendra Mehta ( the Son of the Deceased abovenamed) and (3) Amay Narendra Mehta, (the Son of the deceased abovenamed) are the only heirs and Legal representatives of the deceased.

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(ii) Issue of proclamation is dispensed with. (iii) Grant expedited.

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( N.J.JAMADAR, J. )

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SSP 2/2

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 23/10/2024 11:09:53

Daksha Narendra Mehta v. Narendra Vithaldas Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

Daksha Narendra Mehta v. Narendra Vithaldas Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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