Allowed

Uttam Lakhamshi Munver v. Mena Manikant Lapasia

Bombay HC9 Jul 2024MPT/237/2024

Case brief

AI extract

What is this about?

Petition under Section 2 of Bombay Regulation VIII of 1827 for a legal heirship certificate of the petitioner's deceased sister, who died intestate leaving no other heir. Proclamation was duly published. The court found no impediment and allowed the petition in terms of prayer clause (a), expediting issuance of the certificate.

What did the court decide?

Legal Heirship Certificate to be issued to the petitioner certifying him as the only heir and legal representative of the deceased; grant expedited.

Uttam Lakhamshi Munver vs Mena Manikant Lapasia — Succession and Inheritance | Bombay HC (2024)

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28-MPT-237-2024 (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. 237 OF 2024

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Uttam Lakhamshi Munver ...Petitioner Versus Mena Manikant Lapasia ...Deceased

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Mr.Sumeet Tirthani i/by Seema Hunnurkar and Associates for Petitioner.

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ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.09.0211:02:28 +0530

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CORAM : N. J. JAMADAR, J. DATE : 29^th AUGUST 2024

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PC.:

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Heard the learned Counsel for the Petitioner.

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This is a petition for grant of Heirship Certificate under

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Section 2 of the Bombay Regulation VIII of 1827.

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Mena Manikant Lapasia (the deceased), was the sister of the petitioner. The deceased passed away on 9^th December 2021. At the time of her death, she had a fixed place of abode at A7 Shivganga Apartment 2^nd FL Zaver Road, Mulund West, 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 has left behind the petitioner as is the only surviving heir. Mr.Manikant Lapasia, the husband of the

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D.A.ETHAPE 1 of 3

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28-MPT-237-2024 (OS).doc

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deceased predeceased her, on 4^th July 2007. A copy of his death certificate is annexed at Exhibit-C to the petition. The parents of the deceased predeceased her. There is no other legal heir. By an order dated 9^th July 2024, proclamation was ordered to be issued. An affidavit of service is filed on behalf of the petitioner that the proclamation has been duly published.

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I have perused the averments in the application. The documents annexed to the petition lend support to the claim of the petitioner. It appears that, Mr.Manikant Lapasia, the husband of the deceased predeceased her. The petitioner claims to be the only surviving legal heir of the deceased. The heirship certificate is required to lay claim over the properties described in the Schedule of Assets (Exhibit-E). 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 (a)

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which reads as under:-

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“(a). This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions

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2 of 3

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D.A.ETHAPE

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28-MPT-237-2024 (OS).doc

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of Bombay Regulation VIII of 1827 certifying that the Petitioner, is the only heirs and legal representatives of the deceased.”

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(ii) The grant of heirship certificate is expedited.

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(N. J. JAMADAR, J.)

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3 of 3

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D.A.ETHAPE

Uttam Lakhamshi Munver v. Mena Manikant Lapasia

Case brief

What is this about?

What did the court decide?

Uttam Lakhamshi Munver v. Mena Manikant Lapasia

Case brief

What is this about?

What did the court decide?

What the court decided

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