Allowed

Renuka Rashmikant Kapadia v. Rashmikant Morarji Kapadia (Deceased)

Bombay HC7 Oct 2024MPT/502/2024

Case brief

AI extract

What is this about?

Petition for heirship certificate for a deceased who died intestate; widow and two sons shown as surviving class-I legal heirs with no Will found. Court found no impediment and allowed the petition in terms of prayer clause (a), dispensing with proclamation and expediting the grant.

What did the court decide?

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

Renuka Rashmikant Kapadia vs Rashmikant Morarji… — Succession and Inheritance | Bombay HC (2024)

¶1

40-MPT-502-2024 (OS).doc

¶2

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

¶3

MISC PETITION NO. 502 OF 2024

¶4

Renuka Rashmikant Kapadia

¶5

Hiten Rashmikant Kapadia 3. Tejas Rashmikant Kapadia ...Petitioners Versus

¶6

Rashmikant Morarji Kapadia ...Deceased

¶7

¶8

Mr. Shyamsunder Solanke for Petitioners.

¶9

¶10

ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate:2024.10.0909:43:31 +0530

¶11

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

¶12

PC.:

¶13

Heard the learned Counsel for the Petitioners.

¶14

This petition is preferred for issue of Heirship Certificate

¶15

under Section 2 of the Bombay Regulation VIII of 1827.

¶16

Rashmikant Morarji Kapadia, (the deceased) was the husband of petitioner No.1 and father of Petitioner Nos. 2 and 3. The deceased passed away on 7^th June 2024. At the time of his death, the deceased had a fixed place of abode at 41, Building No.Ol, Juhu Gold Mist CHS Ltd., JVPD, Gulmohar Cross Road, Vileparle West, Greater Mumbai.

¶17

The petitioner avers that the deceased died intestate and

¶18

1 of 2

¶19

D.A.ETHAPE

¶20

40-MPT-502-2024 (OS).doc

¶21

despite diligent search, no testamentary writing or Will has been found. The deceased has left behind the petitioners as the surviving class-I legal heirs. The heirship certificate is required to lay claim over the property left behind by the deceased and described in the Schedule (Exhibit-C).

¶22

I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioners. It appears that the petitioners are surviving classI legal heirs of the deceased. The parents of the deceased have predeceased him. I do not find any impediment in granting the heirship certificate.

¶23

Hence, the following order:

¶24

ORDER

¶25

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

¶26

(ii) Proclamation dispensed with.

¶27

The grant of heirship certificate is expedited.

¶28

2 of 2

¶29

D.A.ETHAPE

Renuka Rashmikant Kapadia v. Rashmikant Morarji Kapadia (Deceased)

Case brief

What is this about?

What did the court decide?

Renuka Rashmikant Kapadia v. Rashmikant Morarji Kapadia (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

Nazo Developers Pvt. Ltd. Vs Court Receiver

Vivek Umakant Hatode vs Pratima Vivek Hatode (Deceased)

Ganesh Bajrang Aundhkar vs Uday Keshav Vashikar

Mahesh Madhav Waghela vs Bhaniben Madhav Waghela

Asha Balshiram Dumbre vs Balshiram Rambabau Dumbre (Deceased)

Jaydeep Kirit Mehta vs Surekha Kirit Mehta (Deceased)