Allowed

Nihar Kandarp Oza v. Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza

Bombay HC4 Jul 2024MPT/236/2024

Case brief

AI extract

What is this about?

The High Court allowed a miscellaneous petition seeking a Heirship Certificate. The petitioner, son of a deceased father who died intestate, was the sole surviving Class-I heir. The court found no impediments and dispensed with the proclamation.

What did the court decide?

Petition allowed in terms of prayer clause (b); Issue of proclamation dispensed with.

Nihar Kandarp Oza vs Kandarp Prahladji Oza Alias… — Succession and Inheritance | Bombay HC (2024)

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20-MPT-236-2024 (OS).doc

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

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MISC PETITION NO. 236 OF 2024

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Nihar Kandarp Oza ...Petitioner Versus Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza ...Respondent

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...Respondent

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Mr. Smit K. Nagda for Petitioner.

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ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.07.0517:59:07 +0530

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CORAM : N. J. JAMADAR, J. DATE : 4^th JULY 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 under

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Section 2 of the Bombay Regulation VIII of 1827.

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Kandarp Prahladji Oza @ Kandrap Pralhadaji Oza (the deceased) was the father of the petitioner. The deceased passed away on 30^th October 2012. At the time of his death, the deceased had a fixed place of abode at Flat No.4, B-Wing, Vaikunth Co-operative Housing Society Limited, Near Lallubhai Park, Andheri (West), Mumbai.

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The petitioner asserted that, the deceased died intestate and despite diligent search, no testamentary writing or Will has

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1 of 2

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D.A.ETHAPE

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20-MPT-236-2024 (OS).doc

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been found. The deceased has left behind his wife, Nina Oza and the petitioner. Nina Oza passed away on 23^rd February 2022. A copy of the death certificate of Nina Oza is annexed to the petition at Exhibit-A. It is averred that apart from the petitioner, there is no other legal heir of the deceased. The Heirship Certificate is required to lay claim over the properties described in paragraph No.9 of the Petition.

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I have perused the averments in the petition. The documents annexed to the petition lend support to the averments in the petition. The widow of the deceased has passed away after the demise of the deceased. The petitioner appears to be the only surviving class-I heir of the deceased. I do not find any impediment in granting the Heirship Certificate.

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Hence, the following order:-

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ORDER

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(i) Petition stands allowed in terms of prayer clause (b).

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(ii) Issue of proclamation is dispensed with.

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(N. J. JAMADAR, J.)

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2 of 2

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D.A.ETHAPE

Nihar Kandarp Oza v. Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza

Case brief

What is this about?

What did the court decide?

Nihar Kandarp Oza v. Kandarp Prahladji Oza Alias Kandrap Pralhadaji Oza

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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