Jayshree Chandrakant Kantharia vs Chandrakant Bhagwandas ...
2019 Latest Caselaw 62 Bom

                                                                     10.mpt-82-19.odt

sbw                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     TESTAMENTARY AND INTESTATE JURISDICTION

                        MISCELLANEOUS PETITION NO.82 OF 2019


      Jayshree C. Kantharia                                   .. Petitioner


      Chandrakant Bhagwandas Kantharia                        .. Deceased


      Mr. S. M. D'Souza a/w Rajesh Doshi for the petitioner.


                                          CORAM : A.K. MENON, J.

DATED : 6TH AUGUST, 2019.

P.C. :

1. The petition seeks issuance of legal heirship certificate in respect of the

deceased late Chandrakant Bhagwandas Kantharia. The petitioner is

the widow of the deceased. Paragraph 4 sets out that the deceased left

him surviving his widow and one son. The deceased is said to have

died intestate since no Will was found. The father of the deceased pre-

deceased the deceased on 21 st January, 2018. The death certificate of

the father of the deceased is annexed at Exhibit 1 to the affidavit dated

12th July, 2019.

2. The mother of the deceased has filed an affidavit of consent dated 12 th

July, 2019 in which she states that she has no objection if the

certificate is granted to the petitioner without service of citation and

without justifying her share in the estate of deceased. In addition to

mother's consent affidavit, son of the deceased has also filed a consent

10.mpt-82-19.odt

affidavit dated 4th December, 2018 whereby he has also confirmed that

he waives notice of citation and has no objection to the grant of legal

heirship certificate in favour of the petitioner. It is stated that the legal

heirship certificate is required in order to enable the petitioner to

collect the security documents/documents of title in respect of a flat

which are presently with the bank.

3. In view of the consent recorded as aforesaid, I am of the view that the

petition is liable to be allowed and accordingly the following order is

passed;

(i) Petition is allowed in terms of prayer clause (a).

(ii) Certificate to be issued in favour of the legal heirs of the deceased.

(iii) The matter of collection of documents between the said bank and

the petitioner, it is required to manage the properties of the deceased.

The issuance of the legal heirship certificate shall in no manner be

considered as title of any of the assets having been considered by this

Court in this petition.

(iv) Petition disposed in the above terms.

(A.K.MENON, J.)

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