Allowed

Priyanka Premchand Kavasia v. Sumati Dhanaji Todankar (Deceased)

Bombay HC2 Jan 2024MPT/455/2023

Case brief

AI extract

What is this about?

Petitioners sought a legal heirship certificate as sole surviving legal heirs of their deceased grandmother, who died intestate in 2019 leaving no will; the certificate was needed for tenancy rights. The court accepted the petition and granted the certificate.

What did the court decide?

Legal heirship certificate issued certifying the petitioners as legal heirs and legal representatives of the deceased; proclamation dispensed with.

Priyanka Premchand Kavasia Vs Sumati Dhanaji… — Succession and Inheritance | Bombay HC (2024)

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23.MPT.455.2023.doc

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

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MISCELLANEOUS PETITION NO. 455 OF 2023

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Sumati Dhanaji Todankar ...Deceased

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Priyanka Premchand Kavasia

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Akshaya Premchand Kavasia ...Petitioners

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 Mr. Ketan Joshi a/w Shraddha Dhamale, for Petitioners.

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*** CORAM : MANISH PITALE, J DATE : 02^nd JANUARY, 2024.

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P. C. :

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SHRIKANT SHRINIVAS MALANI

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Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.01.04 09:57:12 +0530

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Heard learned counsel for the petitioner.

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By this petition filed under the provisions of the Bombay Regulation Act, VIII of 1827, the petitioners are seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased.

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The deceased was the grandmother of the petitioners. The deceased expired on 12^th February, 2019. Copy of death certificate is annexed to the petition. It is stated that the deceased at the time of her death had a fixed place of abode at Room No. 40/A, Bhageshwar Bhvan, Ground Floor, Dilip Gupte Road, Mahim, Mumbai – 400 016.

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It is also specifically stated that the deceased died intestate, without leaving behind any testamentary writing or will.

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The details of the surviving legal heirs of the deceased are

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Shrikant

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given in paragraph no. 4 of the petition, which include the petitioner (married granddaughter) and her sister the other married granddaughter of the deceased.

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It is specifically stated that the husband of the deceased predeceased her. He died on 16^th July, 1989. Copy of his death certificate is annexed to the petition. It is further stated that the only daughter of the deceased predeceased her, as she died on 28^th September, 2012. Copy of her death certificate is also annexed to the petition. It is specifically stated that the petitioners being the two granddaughters of the deceased are her only surviving legal heirs.

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It is stated that the legal heirship certificate is required in the context of tenancy rights of the deceased.

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This Court has perused the statements made in the petition and the documents filed therewith. In the light of the material placed on record, the petition is accepted and proclamation is dispensed with.

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In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows :

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“a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that Priyanka Premchand Kavasia and Akshaya Premchand Kavasia (granddaughters of

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the deceased) are legal heirs and Legal representatives of the Deceased.”

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(MANISH PITALE, J.)

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Shrikant

Priyanka Premchand Kavasia v. Sumati Dhanaji Todankar (Deceased)

Case brief

What is this about?

What did the court decide?

Priyanka Premchand Kavasia v. Sumati Dhanaji Todankar (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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