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Mona Doshi (----------------------)     24 March 2015

Heirship certificate query

A misc. petition for grant of heirship certificate was filed under bombay regulation 8 of 1827 as the said ceritificate was required for transferring a pitchholder card to the Petitioner's name. The pitchholder card stood in name of father of the Petitioner who died intestate leaving behind petitioner (daughter) and his grand daughter (daughter of son) as his legal heirs. The grand daughter in 2005 fled with a boy and her whereabouts were not known to the petitioner and she had not filed any police complaint in this regard. After filing of petition proclamation was issued even paper publication was made but the grand daughter didn't appear in court. Now order has been passed stating that heirship certificate be granted in name of the Petitioner as well as the grand daughter. The Petitioner don't want the name of the grand daughter in said certificate. Thus, what can be done? The petition was filed in Hon'ble High Court. The Petitioner is of the view that the said grand daughter might never appear in future and after transferring the pitch holder card to joint names, it might create hurdle in getting actual possession of the said pitch and/or selling the said pitch.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 March 2015

If the petition was filed on the joint names then, it cannot be disputed now due to changed circumstances.  Moreover the grand daughter being a legal heir, the rights cannot be denied so exclusion of her name from the list of legal heirs against the court order will be contempt of court. You have to try some other alternate route for this.

minsal (Jr. Advocate)     29 March 2015

you can remove the name of grand daughter through alternate route but you can not deny her right if she cam claim in future.


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