1 26-MPT 160-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.160 OF 2022

Yashpal Rai Mehta

… Deceased

Rani Mehta & Anr.

… Petitioners

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Mr. Aamir Attari i/by M/s. Dhruve Liladhar & Company for the Petitioners.

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CORAM :

ARIF S. DOCTOR, J.

DATE :

05TH DECEMBER 2022

P.C. :

1.

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

deceased Yashpal Rai Mehta S/o. Khushwaqt Rai Mehta (‘the said deceased’),

who is said to have died intestate on 21/11/2018. A copy of the death certificate

of Yashpal Rai Mehta S/o. Khushwaqt Rai Mehta is also annexed to the

Miscellaneous Petition. The said deceased is stated to have been the resident of

Mumbai.

2.

The Legal Heirship Certificate is required to transfer the

immovable property, admeasuring 1820.05 sq. ft., being Flat No.402, Block 40,

in residential colony known as ‘Heritage City’, Mehrauli Gurgaon Road,

Mugdha

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MUGDHA M

PARANJAPE

Digitally signed by

MUGDHA M

PARANJAPE

Date: 2022.12.05

17:52:10 +0530

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Gurgaon – 122002, Haryana. The said deceased left behind him the following

persons as his only heirs and next of kin according to the Hindu Succession Act,

1956, who are residing at the following address :-

Sr.

No.

Name and address of the legal heirs of the deceased Age

Relationship with

deceased

1.

Rani Mehta W/o. Yashpal Rai Mehta

Residing at C/1105, 11^th Floor, Oberoi Woods,

Goregaon (East), Mumbai – 400 063.

60

Widow of the

deceased and the

Petitioner No.1

herein

2.

Ruhi Mehta W/o. Rohit Mathur

Residing at B/403, 4

th Floor, Oberoi Woods,

Goregaon (East), Mumbai – 400 063.

47

Married daughter

of the deceased and

the Petitioner No.2

herein

3.

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.

4.

The Miscellaneous Petition is therefore made absolute in terms of

prayer clause (a) of the Miscellaneous Petition, which reads as under :-

“(a)

That a Legal Heirship Certificate of the Deceased be

issued under the provision of Bombay Regulation Act VIII

of 1827, Certifying that (1) Rani Mehta W/o. Yashpal Rai

Mehta (the Widow of the deceased and the Petitioner No.1

herein) and (2) Ruhi Mehta W/o. Rohit Mathur (the

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Married Daughter of the deceased and the Petitioner No.2

herein) are the only heirs and Legal heirs/representatives

of the deceased”

5.

The Registry shall issue the Legal Heirship Certificate in the name

of the above persons in the standard format prescribed for the same.

6.

Miscellaneous Petition is accordingly disposed of. No order as to

costs.

7.

All concerned to act on the authenticated copy of this order.

(ARIF S. DOCTOR, J.)

Mugdha

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