Allowed

Priyadarshini Mohan Udyawer v. Mohan Bhaskar Rao Udiavar alias Mohan Bhaskarrao Udiavar alias Mohan Udiavar (Deceased)

Bombay HC11 Nov 2024MPT/525/2024

Case brief

AI extract

What is this about?

The petitioner sought an heirship certificate under the Bombay Regulation VIII of 1827 claiming to be the sole surviving legal heir of her father who died intestate. The court, noting the predeceased status of the deceased's wife and absence of other heirs, allowed the petition and issued the certificate.

What did the court decide?

Grant of heirship certificate

Priyadarshini Mohan Udyawer vs Mohan Bhaskar Rao… — Succession and Inheritance | Bombay HC (2024)

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25-MPTL525-2024.DOC

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SANTOSH SUBHASH KULKARNI

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Santosh

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.11.13 10:48:36 +0530

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

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MISC. PETITION NO. 525 OF 2024

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Priyadarshini Mohan Udyawer

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...Petitioner

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Mohan Bhaskar Rao Udiavar alias Mohan Bhaskarrao Udiavar alias Mohan Udiavar …Deceased

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Mr. Prabhu Velar, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED: 11^th NOVEMBER, 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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Mohan Bhaskar Rao Udiavar alias MohanBhaskarrao Udiavar alias Mohan Udiavar (the deceased) was the father of the petitioner. The deceased passed away on 12^th March, 2018. At the time of his death, the deceased had a fixed place of abode at 726, Suman Vihar, 11^th Lane, Sethi Dham, Khar (West), Mumbai – 400 052.

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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

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25-MPTL525-2024.DOC

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petitioner as the sole surviving legal heir. Radhika Mohan Udyawer nee Rekha Samarth Talmaki, the wife of the deceased, predeceased him on 10^th February, 2008. Copy of death certificate of Radhika is annexed at Exhibit-B to the petition. There is no other legal heir of the deceased. Heirship certificate is required to lay claim over the property described in the Schedule of Assets (Exhibit-D).

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The averments in the petition find support in the documents annexed to the petition. The petitioner appears to be the sole surviving legal heir of the deceased. Wife of the deceased predeceased him. There does not appear to be any other legal heir of the deceased. I do not find any impediment in granting the heirship certificate.

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The petition stands allowed in terms of prayer clause

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(a).

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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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Application disposed.

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[N. J. JAMADAR, J.]

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Priyadarshini Mohan Udyawer v. Mohan Bhaskar Rao Udiavar alias Mohan Bhaskarrao Udiavar alias Mohan Udiavar (Deceased)

Case brief

What is this about?

What did the court decide?

Priyadarshini Mohan Udyawer v. Mohan Bhaskar Rao Udiavar alias Mohan Bhaskarrao Udiavar alias Mohan Udiavar (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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