Allowed

Bela Satish Patki v. Satish Laxman Patki alias Satish Patki alias S L Patki (Deceased)

Bombay HC10 Dec 2024MPT/615/2024

Case brief

AI extract

What is this about?

Widow sought heirship certificate for her deceased intestate husband, with son consenting. Court found petitioner and her son to be only surviving Class-I legal heirs and granted the certificate, 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.

Bela Satish Patki vs Satish Laxman Patki alias… — Succession and Inheritance | Bombay HC (2024)

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32-MPT-615-2024.DOC

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Arun Sankpal

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

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MISCELLANEOUS PETITION NO. 615 OF 2024

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Bela Satish Patki ...Petitioner Satish Laxman Patki Alias Satish Patki …Deceased Alias S L Patki

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Ms. Seema S. Hunnurkar, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED : 10 DECEMBER 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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ARUN RAMCHANDRA SANKPAL

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Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2024.12.11 11:10:56 +0530

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Satish Laxman Patki Alias Satish Patki Alias S. L. Patki (deceased) was the husband of the Petitioner. The deceased passed away on 31^st August 2022. At the time of his death, the deceased had a fixed place of abode at 2/10, Shanti Society, Moghul Lane, Mahim (West), Mumbai – 400 016.

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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 had left behind, the Petitioner, the widow of the deceased, and Neil Satish Patki, the son, as the surviving Class-I legal heirs. There is no other legal heir. Heirship

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32-MPT-615-2024.DOC

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certificate is required to lay claim over the property described in the schedule (Exhibit “C”) appended to the Petition.

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The documents annexed to the Petition lend support to the claim of the Petitioner. The Petitioner and her son, Neil Satish Patki, appear to be the only surviving Class-I legal heirs of the deceased. Neil, the son of the deceased, has filed an Affidavit giving his consent for the grant of Heirship Certificate. Hence I do not find any impediment in granting Heirship Certificate.

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Hence the following order:

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

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(ii) Proclamation dispensed with. (iii) Grant expedited.

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Bela Satish Patki v. Satish Laxman Patki alias Satish Patki alias S L Patki (Deceased)

Case brief

What is this about?

What did the court decide?

Bela Satish Patki v. Satish Laxman Patki alias Satish Patki alias S L Patki (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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