1 36-MPT 40-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.40 OF 2022

C. R. Vaidyanathan

… Deceased

Lakshmi Vaidyanathan

… Petitioner

-----

Mr. B. G. Saraf a/w Ms. Samiksha Gopale for the Petitioner.

-----

CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH 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 C. R. Vaidyanathan (‘the said deceased’), who is said to have died

intestate in Mumbai on 07/01/2007. A copy of the death certificate of C. R.

Vaidyanathan is also annexed to the Miscellaneous Petition.

2.

The Legal Heirship Certificate is required for claiming the share in

plots of land situated at Sri Raghavendra Layout, Virakeralam Town Panchayat

(sites in S. F. No.236/1pt, 237/1pt), Coimbatore Taluka, District Tamil Nadu. 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

Mugdha

1 of 3

MUGDHA

M

PARANJAPE

Digitally

signed by

MUGDHA

M

PARANJAPE

Date:

2022.12.06

19:32:40

+0530

2 36-MPT 40-22.doc

following address :-

Sr.

No.

Full name and address of the next of kins

Age

Relationship with

the deceased

1.

Lakshmy Vaidyanathan, residing at A-11/004,

Yashashree, Gokuldham, Goregaon East, Mumbai –

400 063.

81

years

Widow

2.

Ramchandran Chittur

(C.V. Ramchandran), 35468, Niles Blvd, Fremont

CA 94536, U. S. A. presently at Mumbai

56

years

Son

3.

C. V. Narayankumar, residing at 116, Oxford Creek

Road, Cary NC 27519, U. S. A.

48

years

Son

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.

The consent affidavits of the legal heirs are also placed on record.

4.

The Miscellaneous Petition is therefore made absolute in terms of

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

“(a)

That this Honorable Court be pleased to grant to the

Heirship Certificate certifying that the Petitioner viz.,

LAKSHMY

VAIDYANATHAN

being

widow

RAMCHANDRAN CHITTUR (C.V. RAMCHANDRAN) being

son and C. V. Narayankumar being son to be declared as

Mugdha

2 of 3

3 36-MPT 40-22.doc

the legal heirs and legal representatives of the deceased C.

V. Vaidyanathan under the provision of the Bombay

Regulation Act VIII of 1827.”

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. There shall be

no order as to costs.

7.

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

(ARIF S. DOCTOR, J.)

Mugdha

3 of 3