ANKIT BHAGWATICHARAN VERMA Vs. VINITA ANKIT VERMA

JUDGEMENT

(1.) This is the usual application for issue of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827. The case of this Petitioner is that she is the widow of one Ankit Bhagwaticharan Verma, who died in Kalyan on 11th May 2015. Durign his lifetime, the deceased lived in Mumbai. The Petitioner says that the deceased died intestate. A copy of his death certificate is annexed. The Petitioner says that the deceased was survived by herself and their two children, a daughter aged 16 years and a minor son aged 8 years. These three names are mentioned in the tabulation below paragraph 4 of the petition. Below this paragraph is one sentence that the mother of the deceased, Ankit's mother died before him. It is on this statement that the department seems to have taken some sort of objection and asked for production of the death certificate of the deceased's mother.

(2.) I am unable to understand why and on what basis under the Bombay Regulation VIII of 1827 any such objection is being raised. It cannot be an invariable requirement in each and every case. In a particular case if a Court feels, on the facts of that case, that it requires to be further satisfied on about the genuineness of that application, then a Court may certainly in its discretion ask for additional documents. But in doing this, the Court must have regard to the nature of the application and what is intended by it and what the Regulation itself provides.

(3.) In the first place Regulation 1 of the Bombay Regulation VIII of 1827 says that where a person dies leaving property of any description, the heir, executor or administrator may assume the management or sue for recovery of the property in conformity with law or applicable usage without making any previous application to the Court to be formally recognised.