Allowed

Ashish Lalu Hasija v. Lalu Bhagwandas Hasija - Deceased

Bombay HC1 Aug 2024MPT/350/2024

Case brief

AI extract

What is this about?

The Single Judge allowed a Miscellaneous Petition seeking a Heirship Certificate for the petitioner and his brother. The Court declared them as the sole legal heirs of the deceased father under Bombay Regulation VIII of 1827, dispensing with the need for a Proclamation and expediting the certificate issuance.

What did the court decide?

Heirship Certificate issued certifying the petitioner and his brother as the sole legal heirs of the deceased.

Ashish Lalu Hasija vs Lalu Bhagwandas Hasija… — Succession and Inheritance | Bombay HC (2024)

¶1

20-MPT-350-2024 (OS).doc

¶2

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

¶3

MISC. PETITION NO. 350 OF 2024

¶4

Ashish Lalu Hasija ...Petitioner Versus Lalu Bhagwandas Hasija ...Deceased

¶5

¶6

Ms. Sujata Babar for Petitioner.

¶7

¶8

ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate:2024.08.0209:27:26 +0530

¶9

CORAM : N. J. JAMADAR, J. DATE : 1^st AUGUST 2024

¶10

PC.:

¶11

Heard the learned Counsel for the Petitioner.

¶12

This petition is for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827.

¶13

Lalu Bhagwandas Hasija (the deceased), was the father of the petitioner. The deceased passed away on 12^th May 2024. At the time of his, he had a fixed place of abode at B-202, Sunrise Building, Fisheries University Road, Aram Nagar, Andheri (W), Mumbai.

¶14

The petitioner avers that the deceased died interstate and despite diligent search, no testamentary writing or Will has been found. The deceased has left behind the petitioner and his

¶15

1 of 3

¶16

D.A.ETHAPE

¶17

20-MPT-350-2024 (OS).doc

¶18

brother Tarun Lalu Hasija, the particulars of whom are furnished at serial No.2 in the table at paragraph No.4 of the petition. Karishma Lalu Hasija, the wife of the deceased predeceased him on 24^th December 2019. A copy of her death certificate is annexed at Exhibit-B. The heirship certificate is required to lay claim over the property described in the Schedule (Exhibit-D) to the petition.

¶19

I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioner. The wife of the deceased had predeceased him. The petitioner and his brother Tarun Hasija appears to be the only surviving Class-I legal heirs of the deceased. Tarun Hasija, the brother of the petitioner, has filed affidavit giving consent to the grant of heirship certificate. I do not find any impediment in granting the heirship certificate. Hence, the following order:-

¶20

ORDER

¶21

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

¶22

which reads as under:-

¶23

“(a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. ASHISH LALU HASIJA and his Brother TARUN LALU HASIJA, are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827;”

¶24

2 of 3

¶25

D.A.ETHAPE

¶26

20-MPT-350-2024 (OS).doc

¶27

(ii) Proclamation dispensed with.

¶28

(iii) Grant of heirship certificate is expedited.

¶29

(N. J. JAMADAR, J.)

¶30

3 of 3

¶31

D.A.ETHAPE

Ashish Lalu Hasija v. Lalu Bhagwandas Hasija - Deceased

Case brief

What is this about?

What did the court decide?

Ashish Lalu Hasija v. Lalu Bhagwandas Hasija - Deceased

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

Bindu Abhay Dwivedi vs Dharamdeo Rammurrat Pandey Alias Dharamdeo Rammoorat Alias Rammruti Pandey (Deceased)

Narayan Narsayya Boga vs Narsayya Yenkayya Boga

Asif Aziz Ahmad Khan vs Noorjahan Aziz Ahmed Khan, Alias Khan Noor Jahan Aziz Ahmed Khan

Ravindra Vasant Jadhav vs Vasant Sitaram Jadhav Sinces (Deceased)

Noshir Phiroze Dalal vs Piloo Phiroze Dalal (Deceased)

Subhash Gajanan Gadkari vs Vimlabai Gajanan Gadkari (Deceased)