Bombay High Court
Kusum Mahesh Gandhi vs Mahesh Narandas Gandhi (Deceased) on 4 November, 2020
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
40-MPT 193-2019
Dhanappa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
I. Koshti TESTAMENTARY AND INTESTATE JURISDICTION
Digitally signed
by Dhanappa I.
Koshti MISCELLANEOUS PETITION NO.193 OF 2019
Date: 2020.11.06
15:52:59 +0530
Mahesh Narandas Gandhi ... Deceased
Kusum Mahesh Gandhi ... Petitioner
-----
Mr.B.G. Saraf, for the Petitioner.
-----
CORAM: B.P. COLABAWALLA J.
(Through Video Conference) DATE : 4TH NOVEMBER, 2020 P.C.:
1. By the present Petition, the Petitioner seeks a Legal Heir-ship Certifcate under Section 2 of the Bombay Regulation VIII of 1827 in respect of the deceased Mahesh Narandas Gandhi, who expired at Mumbai on 18th July, 2019.
The copy of his death certifcate is also annexed to the Petition. The deceased was survived by his widow, son and daughter as mentioned in the tabulation below paragraph 4. The purpose of fling the present Petition is set out in paragraph 7. The Petitioner has applied for the Heir-ship Certifcate for the purpose of transmissionttransfer of properties in favour of the legal heirs of the deceased, as they are entitled to the same.
2. All the heirs have given their consent.
Mugdha 1 of 2
40-MPT 193-2019
3. No other Petition for Heir-ship Certifcate,
Succession Certifcate, Probate or Letters of Administration with or without Will annexed, has been fled. I, therefore, do not fnd any impediment to grant the relief.
4. In these circumstances, the Petition is made absolute in terms of prayer clause (a), which read thus :-
"(a) That this Honourable Court be pleased to grant to the Heirship Certificate certifying that the Petitioner viz. KUSUM MAHESH GANDHI, being widow, Kalpesh Mahesh Gandhi, being son and Neha Mahesh Gandhi being daughter to be recognized as legal heirs and legal representatives of the deceased under the provisions of the Bombay Regulation Act VIII of 1827."
5. Proclamation is dispensed with.
6. Miscellaneous Petition is accordingly disposed of. No order as to costs.
7. This order shall be digitally signed by the Private SecretarytPersonal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.
(B. P. COLABAWALLA, J.)
Mugdha 2 of 2