Allowed

Kalpana Parshuram Argile v. Parshuraam Dashrath Argile (Deceased)

Bombay HC12 Nov 2024MPT/541/2024

Case brief

AI extract

What is this about?

Petition for heirship certificate for a deceased father who died intestate in 2013, leaving a widow (since deceased), the petitioner daughter and two sons. The court found the documents credible and granted the certificate to the three surviving Class I heirs, dispensing with proclamation.

What did the court decide?

Legal heirship certificate granted to Kalpana Parshuram Argile, Vinod Parshuram Argile and Rajesh Parshuram Argile; issue of proclamation dispensed with; grant expedited.

Kalpana Parshuram Argile vs Parshuraam Dashrath… — Succession and Inheritance | Bombay HC (2024)

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26-mpt-541-2024.doc

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

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MISC. PETITION NO. 541 OF 2024

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Parshuram D Argile … Deceased

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Kalpana Parshuram Argile … Petitioner

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Seegarla Shrikant Murlidhar, for the Petitioner.

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CORAM: N.J.JAMADAR, J. DATE : 12 NOVEMBER 2024

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P.C.

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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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Parshuram D Argile (deceased) was the father of the Petitioner. The deceased passed away on 10^th October 2013. At the time of his death, the deceased had a fixed place of abode at Room No. 10, Building no. 60, 1^st Floor, Kamathipura 3^rd Lane, M.R. Road, Mumbai – 400 008.

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The Petitioner avers that, the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased

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ARUN RAMCHANDRA SANKPAL

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Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2024.11.14 09:28:50 +0530

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had left behind, Uma Parshuram Argile, his widow, the Petitioner, a daughter

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and two sons, Vinod and Rajesh, particulars of whom are furnished in the

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Arun Sankpal 1/3

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26-mpt-541-2024.doc table at paragraph No.4 of the Petition. Uma Parshuram Argile, the widow of the deceased, passed away on 8^th May 2020. A copy of death certificate of Uma is annexed at Exhibit “C” to the Petition. Heirship certificate is required to lay claim over the properties left behind by the deceased.

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I have perused the averments in the Petition. The documents lend credence to the claim of the Petitioner. The Petitioner and two sons, namely, Vinod and Rajesh, appear to be the surviving Class I legal heirs of the deceased. Uma, the widow of the deceased has since deceased, the deceased. I do not find any impediment in granting heirship certificate.

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Hence, the following order :

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ORDER

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

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which reads as under :

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“(a) That the Legal Heirship Certificate may be granted to the Petitioner certifying that Kalpana Parshuram Argile (the Petitioner abovenamed); Vinod Parshuram Argile (elder son of deceased) and Rajesh Parshuram Argile (younger son of deceased), are the only legal heirs and representatives of the said deceased Parshuram Dashrath Argile under the Provisions of the Bombay Regulation Act,

Arun Sankpal 2/3

26-mpt-541-2024.doc

VIII of 1827;

(ii) Issue of proclamation is dispensed with.

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(iii) Grant expedited.

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( N.J.JAMADAR, J. )

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Arun Sankpal 3/3

Kalpana Parshuram Argile v. Parshuraam Dashrath Argile (Deceased)

Case brief

What is this about?

What did the court decide?

Kalpana Parshuram Argile v. Parshuraam Dashrath Argile (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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