915.MPT.31.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 31 OF 2022

R. Nagalakshmi alias Ramnathan

Nagalakshmi alias Ramanathan Nagalakshmi

…

Deceased

And

Ramani Ramanathan S/o.

Ramalingam Ramanathan & Anr.

…

Petitioners

Ms. P.M. Bhansali a/w Mr. Manoj Mane for the Petitioners.

CORAM : R.I. CHAGLA, J.

DATED : 29^th APRIL, 2022.

ORDER :

1

By the present Petition, the Petitioners seeks a Legal Heirship

Certificate under Section 2 of Bombay Regulation Act, VIII of 1827 in

respect of the deceased Ramanathan Nagalakshmi who expired at

Mumbai on 14.05.2015. A copy of the death certificate is annexed at

Exhibit-A to the Petition. The deceased was survived by the five legal

heirs and next of kins, the particulars of which are given in the tabular

form at paragraph 4 of the Petition, namely the two sons who are the

Petitioners and three married daughters. Save and except the legal heirs

Waghmare

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915.MPT.31.22.doc

mentioned in tabular form at paragraph 4, there are no other legal heirs

or next of kins left by the deceased.

2

It is stated in paragraph 9 of the Petition that the Legal

Heirship Certificate is required to produce before the MHADA for transfer

of tenancy rights in respect to Tenement No.70, Aram Nagar Part-I, Near

Jain Temple, 7 Bungalows, Andheri (W), Mumbai 400 061, in the names

of the Petitioners.

3

There are consent affidavits filed by the other legal heirs of

the deceased who are the married daughters of the deceased and which

are at pages 20 to 28 of the Petition. By the consent affidavits the other

legal heirs of the deceased have given their full and free consent for

issuance of Legal Heirship Certificate of the deceased in favour of the

Petitioners, without service of any proclamation upon them and without

justifying any surety for their share in the property left by the deceased.

4

No other Petition for legal heirship certificate, succession

certificate, probate or letters of administration with or without will

annexed has been filed. I do not find any impediment in granting the

relief sought for in the present Petition.

Waghmare

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915.MPT.31.22.doc

5

The Petition is accepted and made absolute in terms of prayer

clause (a) which reads thus :

“a.

That a Legal Heirship Certificate be issued under the

provision of Bombay Regulation Act VIII of 1827,

Certifying that (1) Ramani Ramanathan S/o. Ramalingam

Ramanathan (Son of the Deceased and Petitioner No.1

herein), (2) Sridhar Ramanathan S/o. Ramalingam

Ramanathan (Son of the Deceased and the Petitioner No.2

herein), (3) Lalitha Venkatachalam (Married Daughter of

the Deceased), (4) Padma Srinivasan (Married Daughter of

the Deceased) and (5) Geeta Mani (Married Daughter of

the Deceased) are the only heirs and Legal representative

of the Deceased.”

6

Proclamation is dispensed with.

7

The Miscellaneous Petition is accordingly disposed of. No

order as to costs.

(R.I. CHAGLA, J.)

Waghmare

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WAISHALI

SUSHIL

WAGHMARE

Digitally signed

by WAISHALI

SUSHIL

WAGHMARE

Date:

2022.05.02

18:00:26 +0530