Allowed

Nandkumar Dayanand Awasare v. Umesh Dayanand Avasare alias Umesh Dayanand Awasare (Deceased)

Bombay HC27 Nov 2024MPT/555/2024

Case brief

AI extract

What is this about?

A petition for heirship certificate under Bombay Regulation VIII of 1827 was allowed. The court found the petitioner to be the sole surviving legal heir of his deceased brother, who died intestate as a bachelor. Proclamation issue was dispensed with.

What did the court decide?

Heirship certificate granted to the petitioner in favour of deceased; proclamation issue dispensed with; grant of certificate expedited.

Nandkumar Dayanand Awasare vs Umesh Dayanand… — Succession and Inheritance | Bombay HC (2024)

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26-MPT555-2024.DOC

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SANTOSH SUBHASH KULKARNI

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Santosh

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.11.28 10:10:46 +0530

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

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MISC. PETITION NO. 555 OF 2024

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Nandkumar Dayanand Awasare ...Petitioner

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Umesh Dayanand Avasare alias Umesh Dayanand Awasare …Deceased

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Mr. Prabhu Velar, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED: 27^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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Umesh Dayanand Avasare alias Umesh Dayanand Awasare (the deceased) was the brother of the petitioner. The deceased passed away on 15^th August, 2024. At the time of his death, the deceased had a fixed place of abode at 9/171, Juhu Natraj, Opp. Supreme Shopping Centre, Samarth Ramdas Marg, Juhu, Mumbai - 400049.

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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 died as a bachelor. The

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26-MPT555-2024.DOC

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parents of the deceased have predeceased him. There is no other legal heir of the deceased. The heirship certificate is required to lay claim over the property described in the Schedule of Assets (Exhibit-E).

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The averments in the petition find support in the documents annexed to the petition. It appears that the deceased died intestate as a bachelor. Shobhna Dayanand Awasare, the mother of the deceased, predeceased him on 8^th April, 1990. Copy of death certificate of Shobhna Awasare is annexed at Exhibit-B. The petitioner appears to be the sole surviving legal heir of the deceased. I do not find any impediment in granting the heirship certificate.

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Petition stands allowed in terms of prayer clause (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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[N. J. JAMADAR, J.]

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Nandkumar Dayanand Awasare v. Umesh Dayanand Avasare alias Umesh Dayanand Awasare (Deceased)

Case brief

What is this about?

What did the court decide?

Nandkumar Dayanand Awasare v. Umesh Dayanand Avasare alias Umesh Dayanand Awasare (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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