Allowed

Vijay Jayarama Shetty v. Vinoda Jayarama Shetty Alias Vinodi Jayram Shetty

Bombay HC23 Aug 2024MPT/263/2024

Case brief

AI extract

What is this about?

Petition for heirship certificate for a deceased mother who died intestate, needed to transfer a FL-III licence in her name. Court found petitioner and two siblings were the only surviving Class I heirs and allowed the petition.

What did the court decide?

Legal Heirship Certificate issued under Bombay Regulation Act VIII of 1827 certifying the petitioner and his two siblings as the only legal heirs; proclamation dispensed with; grant expedited.

Vijay Jayarama Shetty vs Vinoda Jayarama Shetty… — Succession and Inheritance | Bombay HC (2024)

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2024:BHC-OS:13003

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20 mpt 263 of 2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.263 OF 2024

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Vijay Jayarama Shetty

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… Petitioner

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Vinoda Jayarama Shetty @ Vinodi Jayram Shetty

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… Deceased

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Mr. R.K.Shetty, for Petitioner.

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CORAM: N.J.JAMADAR, J. DATE : 23 AUGUST 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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Vinoda Jayarama Shetty (deceased) was the mother of the Petitioner. The deceased passed away on 25 August 2017. At the time of the death of the deceased, she had a fixed place of abode at 8/9, Mayur Darshan Building, Mahakali Caves, Andheri East, Mumbai- 400093.

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The Petitioners aver that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. Jayarama, the husband of the deceased, passed away on 2 October 2017. Copy of the death certificate of Jayarama is annexed at Exhibit B to the Petition. The Petitioner, Veena and Vivek particulars of whom are furnished at Sr. Nos.2 and 3 in the table at paragraph No.4 of the

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SSP 1/3

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20 mpt 263 of 2024.doc Petition, are the only surviving Class I heirs of the deceased. Heirship certificate is required for transfer of FL III licence standing in the name 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. Jayarama, the husband of the deceased, seems to have passed away on 2 October 2017. The Petitioner, his sister Veena, and brother Vivek,

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appear to be the only surviving Class I heirs of the deceased. I, therefore, do not find any impediment in granting heirship certificate.

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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

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clause (b), which reads as under :

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“(b) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that Certifying that (1) Vijay Jayarama Shetty, son and Petitioner abovenamed (2) Veena Taranath Shetty" married daughter of the deceased and (3) Vivek Jayarama Shetty, son of the deceased are the only legal heirs and legal representatives of Deceased abovenamed;

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SSP 2/3

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20 mpt 263 of 2024.doc

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

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( N.J.JAMADAR, J. )

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SSP 3/3

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 26/08/2024 19:14:15

Vijay Jayarama Shetty v. Vinoda Jayarama Shetty Alias Vinodi Jayram Shetty

Case brief

What is this about?

What did the court decide?

Vijay Jayarama Shetty v. Vinoda Jayarama Shetty Alias Vinodi Jayram Shetty

Case brief

What is this about?

What did the court decide?

What the court decided

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