Allowed

Priyanka Homesh Chirmade v. Nandakishor Shridhar Bhirud Alias Nandkishore Shridhar Bhirud

Bombay HC15 Jul 2024MPT/206/2024

Case brief

AI extract

What is this about?

Petitioners filed this miscellaneous petition seeking an heirship certificate for their deceased father and mother. The Court found no impediment and allowed the petition, dispensing with the issue of proclamation and granting the certificate expeditedly.

What did the court decide?

Grant of Legal Heirship Certificate under Bombay Regulation VIII of 1827; issue of proclamation dispensed with.

Priyanka Homesh Chirmade vs Nandakishor Shridhar Bhirud Alias Nandkishore Shridhar Bhirud — Bombay HC (2024) — LawSathi Research

¶1

34-mpt-206-2024.doc

¶2

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

¶3

MISCELLANEOUS PETITION NO.206 OF 2024

¶4

1} Priyanka Homesh Chirmade 2} Prajakta Swapnil Chaudhari

¶5

... Petitioners

¶6

¶7

VISHAL SUBHASH PAREKAR

¶8

Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.07.19 10:38:55 +0530

¶9

1} Nandakishor Shridhar Bhirud @ Nandkishore Shridhar Bhirud 2} Bharati Nandakishor Bhirud, … Deceased

¶10

Ms. Seema Hunnurkar i/b. Seema Hunnurkar & Associates, for Petitioners.

¶11

CORAM: N.J.JAMADAR, J. DATE : JULY 15, 2024

¶12

P.C.

¶13

Heard the learned Counsel for the Petitioners.

¶14

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

¶15

Nandakishor Shridhar Bhirud (Deceased) was the father of the petitioners. He passed away on 31^st May, 2023. Bharati Nandkishor Bhirud (Deceased) was the mother of the petitioners. She passed away on 26^th February, 2015. At the time of their death, they had a fixed place of abode at B-402, Jagat Vidya CHSL, Jagat Vidya Marg, Behind Guru Nanak Hospital, Bandra (E), Mumbai.

¶16

In the Petition, it is averred that both the deceased had died intestate, and despite diligent search, no testamentary writing or Will

¶17

Vishal 1/2

¶18

34-mpt-206-2024.doc has been found. The petitioners are the only surviving legal heirs of the deceased. The heirship certificate is required to lay claim over the properties left behind by the deceased.

¶19

I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioners. The death certificates of both the deceased (Exhibit A and B) are annexed to the petition. Apart from the petitioners, there does not appear any other legal heir of the deceased. The heirship certificate is required to lay claim over the properties described in Schedule of Assets (Exhibit E). I do not find any impediment in granting the heirship certificate.

¶20

Hence, the following order :

¶21

ORDER

¶22

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

¶23

which reads as under :

¶24

(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioners under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioners, are the only heirs and legal representatives of the deceased.

¶25

(ii) Issue of proclamation is dispensed with.

¶26

(iii) Grant expedited.

¶27

( N.J.JAMADAR, J. )

¶28

Vishal 2/2

Priyanka Homesh Chirmade v. Nandakishor Shridhar Bhirud Alias Nandkishore Shridhar Bhirud

Case brief

What is this about?

What did the court decide?

Priyanka Homesh Chirmade v. Nandakishor Shridhar Bhirud Alias Nandkishore Shridhar Bhirud

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

Case details

Similar cases

Smt. Prema Amritham Aiyer (Niece of Late Mary Moses Peter) vs Sudha Vitthal Amarapurkar and Anr.

Assistant Division Engineer vs Shivmoori Jagatdev Kushwaha Partner of Ms Stuti Enterprises

Union of India vs the Liquidator

Chemco Plastic Industries Pvt. Ltd. vs Chemco Plast

Saleha Khaleel Shaikh vs Mohd Yusuf Ramzan Shaikh (Deceased)

Saleha Khaleel Shaikh vs Mohd Yusuf Ramzan Shaikh (Deceased)