Bombay High Court
Chandra Subramanian vs Ravanasamudram Swaminathan ... on 7 February, 2020
Author: A.K. Menon
Bench: A.K. Menon
rrpillai 15-mpt-192-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 192 OF 2019
Chandra Subramanian ... Petitioner
and
Ravanasamudram Swaminathan ... Deceased
Subramanian
Ms. Sameer R. Logade for the Petitioner.
CORAM : A.K. MENON, J.
DATED : 7th FEBRUARY, 2020 P.C.
1. This petition seeks Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased Ravanasamudram Swaminathan Subramanian. The petitioner is widow of the deceased who is survived by two daughters. Other than the petitioner both daughters have filed affidavit of consent copies of which are annexed at Exhibit H and I to the petition signifying to consent of issuance of Legal Heirship Certificate. Deceased is said to have died intestate. Parents of the deceased are said to have predeceased the deceased. Deceased had no son and no other children.
2. It is contended that the deceased is co-owner of 50% right title and interest in certain immovable property and owner of another flat. The Legal 1/2 ::: Uploaded on - 11/02/2020 ::: Downloaded on - 08/06/2020 00:55:39 ::: 15-mpt-192-2019.odt Heirship certificate is sought in order to obtain transfer / transmission of shares in the property.
3. Having heard the learned counsel for the petitioner and having perused the record, I am of the view that there is no impediment in allowing this petition. Accordingly, I pass the following order :
(i) Petition is made absolute in terms of prayer clause (a).
(ii) It is made clear that the Court has not examined the aspect of entitlement of the property in question.
(iii) Proclamation is dispensed with.
(A.K. MENON, J.) 2/2 ::: Uploaded on - 11/02/2020 ::: Downloaded on - 08/06/2020 00:55:39 :::