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Jyoti Prakash Parab vs Prakash Arjun Parab… — Succession and Inheritance | Bombay HC (2024)

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Bombay HC
2024
Jyoti Prakash Parab vs Prakash Arjun Parab (DeceasedJyoti Prakash Parab v. Prakash Arjun Parab (Deceased)

Allowed

Jyoti Prakash Parab v. Prakash Arjun Parab (Deceased)

Bombay HC9 Dec 2024MPT/593/2024

Case brief

AI extract

What is this about?

The Bombay High Court allowed a miscellaneous petition filed by legal heirs to obtain an heirship certificate for properties left by their deceased father who died intestate, dispensing with the issue of proclamation and granting expedited processing.

What did the court decide?

Grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827; Proclamation dispensed with; Order expedited.

What the court decided

AI extract

Outcome

Grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827; Proclamation dispensed with; Order expedited.

Issue for consideration

Whether the petitioners are eligible for the grant of an heirship certificate under the relevant Bombay Regulation given the intestacy of the deceased. +1 more

Detailed headnote1 paragraphs

The Court allowed a petition for an heirship certificate under Section 2 of the Bombay Regulation VIII of 1827. The petitioners, surviving Class I legal heirs, claimed the deceased husband/father died intestate without a will. The Court dispensed with the publication of a proclamation and ordered an expedited grant of the certificate as no impediments were found.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

27-mpt-593-2024.doc

VISHAL SUBHASH PAREKAR

Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.12.10 17:38:48 +0530

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

MISCELLANEOUS PETITION NO.593 OF 2024

Jyoti Prakash Parab and Others ... Petitioners And Prakash Arjun Parab ... Deceased

Mr. Chandan Jaiswal i/b. Leagas Law Associates, for Petitioners.

CORAM: N.J.JAMADAR, J. DATE : DECEMBER 09, 2024

P.C.

Heard the learned Counsel for the Petitioners.

This petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827.

Prakash Arjun Parab (the deceased) was the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3. The deceased passed away on 8^th June, 2022. At the time of his death, he had a fixed place of abode at C/111, Vrindavan Complex C.H.S. Ltd., Om Nagar, Vasai

(W), Dist. Palghar. However, the deceased left behind the properties

within the limits of Mumbai.

The petitioners aver that the deceased died intestate, and despite diligent search, no testamentary writing or Will has been found. The deceased left behind the petitioners as the surviving heirs. There is no other legal heir.

Vishal Parekar, PS 1/2

27-mpt-593-2024.doc

The documents annexed to the petition lend support to the claim of the petitioners. The petitioners appear to be the surviving Class I legal heirs of the deceased. There does not appear any other legal heir. The heirship certificate is required to lay claim over the properties mentioned in Schedule I. I, therefore, do not find any impediment in granting heirship certificate.

Hence, the following order :

ORDER

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

(ii) Issue of proclamation is dispensed with.

(iii) Grant expedited.

Vishal Parekar, PS 2/2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioners are eligible for the grant of an heirship certificate under the relevant Bombay Regulation given the intestacy of the deceased.
2.
Whether the issue of proclamation is necessary in the present circumstances.

Statutes considered

1 provisions across 1 enactments

AI extract

Bombay Regulation VIII1827

Parties & counsel

AI extract

petitioner
Jyoti Prakash Parab and Others
respondent
Prakash Arjun Parab

Coram

AI extract

N.J.JAMADAR

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 9 Dec 2024 · December
Registered: 18 Nov 2024
Case no.: MPT/593/2024
CNR: HCBM020261262024
Topic: Succession and Inheritance
Bench: N. J. Jamadar
Disposal: DISPOSED OFF

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Cite this judgement

Jyoti Prakash Parab v. Prakash Arjun Parab (Deceased), MPT/593/2024 (BOM), decided on 9 December 2024.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bombay Regulation VIII1827

View all statutes

Bench / Coram

N.J.JAMADAR

Parties & counsel