ORDER PASSED BELOW EX.1 IN MISC. APPLN.No.02/2010 01 ...

Civil MA No. 02/2010ORDER PASSED BELOW EX.1 IN MISC. APPLN.No.02/201001- This is an application filed by the applicant under section 2 ofBombay Regulation Act, for issuance of heirship certificate .02- Facts in short of the present application are that applicant ishusband of deceased Leela W/o Madhavrao Uttarwar who died on20/10/2009. Deceased Leela W/o Madhavrao Uttarwar left certainimmovable property.Applicant being legal heir is entitled for same.Applicant had been with the concern authority for recordingher namebeing legal heir , however, they demanded heirship certificate.03- In support of application the applicant filed evidence onaffidavit, with copy of sale deed and death certificate. On going throughevidence it appears that the applicantreproduced the contents ofapplication.Death certificate discloses that the deceased Leela W/oMadhavrao Uttarwar who died on 20/10/2009. Evidence of applicant onoath indicates that he is legal heir of deceased Leela W/o MadhavraoUttarwar as husband.04- While issuing certificate u/s. 2 of the Bombay Regulation Act, itis necessary to see whether applicant is entitled heirship certificate. I haveminutely gone through relevant provisions withobject of BombayRegulation Act, 1827 and is of the opinion that provisions of Act are mean

Civil MA No. 02/2010to provide for the formal recognition of heir, executors and administratorand for the appointment of administrator and Managers of property by theCourt. In spite of news paper publication nobody appeared or filed anyobjection.There is no doubt about heirship of the applicant. Consideringall these factors this Court is of the opinion that U/sec 2 of BombayRegulation Act only relationship of the applicant can be formallyrecognised as legal heir. Hence, I proceed to pass the following order.O R D E R01- The application is partly allowed.02- Heirship certificate be issued in the name ofapplicant Madhavrao S/o Ganpatrao Uttarwar inprescribed form U/sec.2 of Bombay Regulation Act.( D.N Khadse )Dt: 21/06/2010 Jt. Civil Judge. Jr.Divn.,Court No. 1 Parbhani.