Allowed

Uttara Pratimesh Khot v. Amarnath Atmaram Kelaskar (Deceased)

Bombay HC21 Oct 2024MPT/431/2024

Case brief

AI extract

What is this about?

The High Court at Bombay, in inquest into a Misc. Petition, granted a Heirship Certificate under the Bombay Regulation VIII of 1827 to the petitioner as the sole surviving legal heir. The Court dispensed with the need for a proclamation and expedited the certificate issuance.

What did the court decide?

Grant of Heirship Certificate; Proclamation dispensed with; Request for expediting the grant.

Uttara Pratimesh Khot vs Amarnath Atmaram Kelaskar (Deceased) — Partition | Bombay HC (2024)

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36-MPT-431-2024 (OS) stm.doc This Order is modified/corrected by Speaking to Minutes Order dated 21.10.2024.

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

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MISC PETITION NO. 431 OF 2024

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Uttara Pratimesh Khot ...Petitioner Versus

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Amarnath Atmaram Kelaskar

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Amita Amarnath Kelaskar ...Deceased

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Mr. Pravinchand B. Gole for the Petitioner.

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ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.10.2509:36:56 +0530

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CORAM : N. J. JAMADAR, J. DATE : 3^rd 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 for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827.

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Amarnath Atmaram Kelaskar, (the deceased No.1) was the father of the Petitioner. The deceased No.1 passed away on 22^nd July 2014. Amita Amarnath Kelaskar, (the deceased No.2) was the mother of the Petitioner. The deceased No.2 passed away on 2^nd June 2024. At the time of their death, the deceased No.1 and 2 had a fixed place of abode at 18/B, 3^rd Floor, Happy House CHS, Hatiskar Marg, Opposite Beach Tower, Prabhadevi, Mumbai.

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1 of 2

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D.A.ETHAPE

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36-MPT-431-2024 (OS) stm.doc This Order is modified/corrected by Speaking to Minutes Order dated 21.10.2024.

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In the petition it is averred that both deceased died interstate and despite diligent search, no testamentary writing or Will has been found. The deceased left behind petitioner as the sole surviving legal heir. The parents of both the deceased have predeceased them. There is no legal heir. The heirship certificate is required to lay claim over the property described in the Schedule of Assets (Exhibit-D).

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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 deceased No.1 was survived by the deceased No.2 and petitioner. The deceased No.2 passed away on 22^nd June 2024. Apart from the petitioner, there is no other legal heir of the deceased No.1 and 2. 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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(iii) The grant of heirship certificate is expedited.

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2 of 2

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D.A.ETHAPE

Uttara Pratimesh Khot v. Amarnath Atmaram Kelaskar (Deceased)

Case brief

What is this about?

What did the court decide?

Uttara Pratimesh Khot v. Amarnath Atmaram Kelaskar (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

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