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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.155 OF 2022

Atulkumar Sevantilal Tolia

… Deceased

Latha Atulkumar Tolia

… Petitioner

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Ms. Dhara Shah i/by Satish J. Agarwal for the Petitioner.

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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 Atulkumar Sevantilal Tolia (‘the said deceased’), who is said to have

died intestate in Mumbai on 28/05/2021. A copy of the death certificate of

Atulkumar Sevantilal Tolia 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 facilitate the transfer

of the half share of the deceased in the immovable property being B-102, Vastu

Tower, Tower-1, Evershine Nagar, Malad West, Opp. Ryan International School,

Mumbai, Maharashtra – 400064. The said deceased left behind him the

Mugdha

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MUGDHA M

PARANJAPE

Digitally

signed by

MUGDHA M

PARANJAPE

Date:

2022.12.05

17:51:53

+0530

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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.

Names and addresses of the heirs of the deceased

abovenamed

Age

Relationship with

the deceased

1.

Latha Atulkumar Tolia

B-102, Vastu Tower, Tower-1, Evershine Nagar,

Malad West, Opp. Ryan International School,

Mumbai, Maharashtra – 400064.

52

years

Wife of the

deceased

(Petitioner)

2.

Ananya Atulkumar Tolia

B-102, Vastu Tower, Tower-1, Evershine Nagar,

Malad West, Opp. Ryan International School,

Mumbai, Maharashtra – 400064.

14

years

Minor Daughter of

the deceased

3.

Bhanumati Sevantilal Tolia

86

years

Mother of the

deceased

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 the Petitioner and her minor daughter Ananya

Atulkumar Tolia and Bhanumati Sevantilal Tolia be

declared as the only legal heirs of Late Atulkuar Sevantilal

Tolia”

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5.

The Registry shall issue the Legal Heirship Certificate in the name

of the above person 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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