Allowed¶25

Deepak Shantaram Satam v. Shantaram Horoji Satam, Alias Satam Shantaram (Deceased)

Bombay HC21 Jan 2025MPT/215/2024

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Bombay Regulation VIII of 1827, Section 2; intestate succession; Hindu Succession Act 1956; unopposed grant after objection withdrawn; joint purchase objection recorded but not pressed; Testamentary and Intestate Jurisdiction; Bombay High Court; Miscellaneous Petition No. 215 of 2024; Arif S. Doctor, J.; deceased Shantaram Horoji Satam; objectors Nitin Shantaram Satam and Pratima Pradeep Parab; no other probate/succession petition pending.

What did the court decide?

Legal Heirship Certificate granted in terms of prayer clause (a), to be issued by the Registry in the standard format to the Petitioner along with the heirs mentioned in paragraph 4 of the Petition, subject to compliance of office requisitions; Miscellaneous Petition disposed of with no order as to costs. ¶25

Deepak Shantaram Satam vs Shantaram Horoji Satam… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the Petitioner, Deepak Shantaram Satam, is entitled to a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 certifying that he, along with the heirs mentioned in paragraph 4 of the Petition, are the only heirs and legal representatives of the deceased Shantaram Horoji Satam, who died intestate.

¶10

Court's answer

Given that learned counsel for the objectors raised no objection to the grant of the Legal Heirship Certificate and there was no dispute before the Court qua the entitlement of the Petitioner, the certificate being in any event in the name of all the legal heirs, the Court was inclined to allow the Petition.

¶17

Ratio / Principle

Since the Registry duly verified the Petition and no other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed had been filed, there was no impediment in law to the grant of relief.

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Key takeaways

The Miscellaneous Petition is allowed in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate under the provisions of Bombay Regulation VIII of 1827 certifying the Petitioner along with the heirs mentioned in paragraph 4 as the only heirs and legal representatives of the deceased.ratio¶19
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.ratio¶24

Detailed headnote1 paragraphs

Testamentary and Intestate Jurisdiction (Bombay High Court) - Miscellaneous Petition under Section 2 of the Bombay Regulation VIII of 1827 - Petitioner sought Legal Heirship Certificate in respect of his father/mother-line relative Shantaram Horoji Satam alias Satam Shantaram, who died at Mumbai on 15th August, 2004, no Will having been found despite due and diligent search, so the deceased was assumed to have died intestate; heirs identified according to the Hindu Succession Act, 1956 - Petition opposed by two other legal heirs (Nitin Shantaram Satam and Pratima Pradeep Parab) on the ground that one property of the deceased was purchased jointly by all legal heirs including the Petitioner - However, counsel for the objectors stated he had no objection to the grant of the certificate with those submissions recorded - Held: there being no dispute qua the Petitioner's entitlement, the certificate being in the name of all legal heirs, and the Registry having verified the Petition with no other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration filed, there was no impediment in law to the grant - Petition allowed in terms of prayer clause (a); Registry directed to issue the Legal Heirship Certificate in the standard format subject to office requisitions; disposed of with no order as to costs.

¶1

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2025.03.05 18:27:24 +0530

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1 24-MPT-215-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 215 OF 2024

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Deepak Shantaram Satam ...Petitioner

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Shantaram Horoji Satam alias Satam Shantaram

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...Deceased

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Ms. Seema Hunnurkar i/by Seema Hunnurkar and Associates for the Petitioner. Mr. Kapil Shetye for the objectors.

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CORAM : ARIF S. DOCTOR, J. DATE : 5TH MARCH, 2025

¶9

P.C.:-

¶10

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Shantaram Horoji Satam alias Satam Shantaram (‘the deceased’), who died at Mumbai on 15th August, 2004. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

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The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

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1/3

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Shubham

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2 24-MPT-215-2024.doc

¶15

The reason for which the Legal Heirship Certificate is required is set out in paragraph 5 of the Miscellaneous Petition.

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The Petition is opposed by the other legal heirs of the deceased, namely, Nitin Shantaram Satam and Pratima Pradeep Parab on the ground that one of the properties of the deceased did not belong solely to the deceased, but was purchased jointly by all the legal heirs of the deceased including the Petitioner.

¶17

Learned Counsel appearing on behalf of the objectors submitted that he has no objection to the grant of the Legal Heirship Certificate with the aforesaid submissions having been recorded. In view of this and given the fact that there is no dispute today before me qua the entitlement of the Petitioner to the Legal Heirship Certificate, which in any way will be in the name of all the legal heirs, I am inclined to allow the Petition.

¶18

The Registry has duly verified the Petition. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

¶19

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

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¶21

Shubham

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3 24-MPT-215-2024.doc

¶23

“ a. This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner, alongwith the heirs mentioned para no. 4 herein above are the only heirs and legal representatives of the deceased.”

¶24

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

¶25

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

¶26

(ARIF S. DOCTOR, J.)

¶27

3/3

¶28

Shubham

Deepak Shantaram Satam v. Shantaram Horoji Satam, Alias Satam Shantaram (Deceased)

Case brief

What is this about?

What did the court decide?

Deepak Shantaram Satam v. Shantaram Horoji Satam, Alias Satam Shantaram (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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