Allowed

Deepak Ambalal Solani v. Jasiben Ambalal Solanki (Deceased)

Bombay HC18 Jun 2024MPT/80/2024

Case brief

AI extract

What is this about?

Petition for heirship certificate under the Bombay Regulation Act VIII of 1827 for the heirs of a deceased BMC employee who died intestate. The court found the petitioner and his brothers to be the only Class I legal heirs and allowed the petition in terms of prayer clause (a), dispensing with proclamation and expediting the grant.

What did the court decide?

Heirship certificate directed to be issued certifying petitioner and his two brothers as only legal heirs of the deceased; proclamation dispensed with; grant expedited.

Deepak Ambalal Solani vs Jasiben Ambalal Solanki… — Succession and Inheritance | Bombay HC (2024)

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2024:BHC-OS:8888

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42 mpt 80 of 2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.80 OF 2024

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Deepak Ambalal Solanki

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... Petitioner

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Jasiben Ambalal Solanki … Deceased

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Mr. R.J.Mane, for Petitioner.

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CORAM: N.J.JAMADAR, J. DATE : 18 JUNE 2024

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P.C.

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Heard the learned Counsel for the Petitioner.

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The Petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation Act, VIII of 1827.

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Jasiben (deceased) was the mother of the Petitioner. The deceased passed away on 3 November 2019. At the time of her death, the deceased had a fixed place of abode at Bhimnagar Rahivasi Sangh, Jerbai Wadia Road, T.S.Compound, Parel, Bhoiwada, Mumbai – 400 012. The deceased was working as a Sweeper with the Brihanmumbai Municipal Corporation.

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In the Petition, it is averred that the husband of the deceased, namely, Ambalal predeceased her. Copy of the death certificate of Ambalal is annexed to the Petition at Exhibit D. The Petitioner avers that apart from the Petitioner, his brothers Hasmukh and Vijay are the only legal heirs of the deceased. They have given consent

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SSP 1/2

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42 mpt 80 of 2024.doc

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affidavits for grant of heirship certificate.

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I have perused the averments in the Petition and the documents annexed with it, including the affidavits of Hasmukh and Vijay. It appears that the deceased died intestate, leaving behind the Petitioner, and the heirs shown in paragraph No.4 of the Petitioner are the only Class I legal heirs. The heirship certificate is required to substantiate the claim for appointment on compassionate basis. There does not appear to be any impediment in granting heirship certificate.

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Hence, the Petition stands allowed in terms of prayer clause (a), which

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reads as under :

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“(a) That a Legal Heirship Certificate be issued under the provision. of the Bombay Regulation: Act VIII of 1827 Certifying that Deepak Ambalal Solanki alongwith Hasmukh Ambalal Solanki and Vijay Ambalal Solanki, are the only heirs and Legal representative of the deceased;

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Proclamation is dispensed with.

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Grant is expedited.

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( N.J.JAMADAR, J. )

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SSP 2/2

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 20/06/2024 11:08:29

Deepak Ambalal Solani v. Jasiben Ambalal Solanki (Deceased)

Case brief

What is this about?

What did the court decide?

Deepak Ambalal Solani v. Jasiben Ambalal Solanki (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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