Allowed

Nandini Nandakishore Shelte v. Sadanand Bapu Chindarkar (Deceased)

Bombay HC9 Oct 2024MPT/433/2024

Case brief

AI extract

What is this about?

In this miscellaneous petition, the High Court of Judicature at Bombay allowed the petitioner's claim for an heirship certificate. The court found the deceased died intestate with no will found and confirmed the petitioner and her sisters as the only surviving Class-I legal heirs, permitting the certificate to be expedited.

What did the court decide?

An heirship certificate under the Bombay Regulation Act VIII of 1827 was granted to the petitioner and other legal heirs, with the grant to be expedited.

Nandini Nandakishore Shelte vs Sadanand Bapu… — Succession and Inheritance | Bombay HC (2024)

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SANTOSH SUBHASH KULKARNI

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30-MPTL14111-2024-SPM.DOC

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Santosh

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.10.10 17:43:35 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY AND INTESTATE JURISDICTION

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MISC. PETITION (L) NO. 14111 OF 2024

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Nandini Nandakishore Shelte nee Geetanjali Sadanand Chindarkar

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...Petitioner

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Sadanand Bapu Chindarkar …Deceased

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Mr. Ketan Joshi, a/w Shraddha Dhamale, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED: 22^nd AUGUST, 2024

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PC:-

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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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Sadanand Bapu Chindarkar (the deceased) was the father of the petitioner. The deceased passed away on 9^th September, 2016. At the time of his death, the deceased had a fixed place of abode at Room No. 57/A, Bhageshwar Bhuvan, 2^nd floor, Dilip Gupte Road, Mahim West, Mumbai – 400016.

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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 left behind the petitioner and her sisters as the only surviving Class-I legal heirs. The

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Order corrected as per order dtd.9/10/2024.

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1/3

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30-MPTL14111-2024-SPM.DOC

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petitioner avers, apart from petitioner and her sisters, there is no other legal heir of the deceased. The heirship certificate is required to lay claim over the property left behind by 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. Jayshri Sadanand Chindarkar, the wife of the deceased, seems to have predeceased the deceased. The petitioner and her sisters Swati Subhash Pange nee Sandhya Sadanand Chindarkar, Kirti Raviraj Pednekar nee Kirti Sadanand Chindarkar and Chitra Nikhil Mahadik nee Chitra Sadanand Chindarkar appear to be the only surviving Class-I legal heirs of the deceased. Swati Subhash Pange nee Sandhya Sadanand Chindarkar, Kirti Raviraj Pednekar nee Kirti Sadanand Chindarkar and Chitra Nikhil Mahadik nee Chitra Sadanand Chindarkar have filed affidavits giving their consent for grant of heirship certificate. Hence, I do not find any impediment in granting the heirship certificate.

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The petition stands allowed in terms of prayer clause, which reads as under:

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“That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that Nandini Nandakishore Shelte (daughter of the deceased) and all other

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2/3

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Order corrected as per order dtd.9/10/2024.

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30-MPTL14111-2024-SPM.DOC

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legal heirs in paragraph 4 are legal heirs and legal representatives of the deceased.”

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Issue of proclamation is 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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3/3

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Order corrected as per order dtd.9/10/2024.

Nandini Nandakishore Shelte v. Sadanand Bapu Chindarkar (Deceased)

Case brief

What is this about?

What did the court decide?

Nandini Nandakishore Shelte v. Sadanand Bapu Chindarkar (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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