Allowed

Jaydeep Kirit Mehta v. Surekha Kirit Mehta (Deceased)

Bombay HC7 Oct 2024MPT/429/2024

Case brief

AI extract

What is this about?

Petition for heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of a mother who died intestate, her husband having predeceased her. The court found no impediment, allowed the petition, dispensed with proclamation and expedited the grant.

What did the court decide?

Heirship certificate granted in terms of prayer clause (a); proclamation dispensed with; grant expedited.

Jaydeep Kirit Mehta vs Surekha Kirit Mehta… — Succession and Inheritance | Bombay HC (2024)

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39-MPT-429-2024 (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. 429 OF 2024

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Jaydeep Kirit Mehta ...Petitioner Versus Surekha Kirit Mehta ...Deceased

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Ms. Mansi Shah i/by M/s. Pravin Mehta and Mithi and Co. for Petitioner.

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ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate:2024.10.0909:43:32 +0530

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CORAM : N. J. JAMADAR, J. DATE : 7^th OCTOBER 2024

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PC.:

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Heard the learned Counsel for the Petitioner.

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This petition is preferred for issue of Heirship Certificate

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under Section 2 of the Bombay Regulation VIII of 1827.

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Surekha Kirit Mehta (the deceased) was the mother of the petitioner. The deceased passed away on 12^th December 2016. At the time her death, she had a fixed place of abode at Flat No.704, Veena Niketan, Devidas Lane, Borivali (West), Mumbai.

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The petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. Mr. Kirit Mehta, the husband of the deceased predeceased

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her, on 10^th July 2008. A copy of death certificate of Kirit Mehta

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1 of 2

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D.A.ETHAPE

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39-MPT-429-2024 (OS).doc

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is annexed at Exhibit-C to the petition. There is no other legal heir. The heirship certificate is required to lay claim over the property described in schedule of property (Exhibit-G).

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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. The petitioner appears to be the sole surviving heir of the deceased. The husband of the deceased has predeceased her. 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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(ii) Proclamation dispensed with.

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The grant of heirship certificate is expedited.

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(N. J. JAMADAR, J.)

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2 of 2

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D.A.ETHAPE

Jaydeep Kirit Mehta v. Surekha Kirit Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

Jaydeep Kirit Mehta v. Surekha Kirit Mehta (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

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