:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION MISC. MISC. MISC. PETITION NO. 62 OF 2008 PETITION NO. 62 OF 2008 PETITION NO. 62 OF 2008 Anant Vithal Parulekar. ... Deceased. Sushila Ramchandra Thakur. ...Petitioner. Mrs. B.K. Thaker for the Petitioner. Mr. S.V. Oak a/w. Mr. S.R. Agarkar for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 09TH 09TH 09TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . This is a Petition to issue the Heirship Certificate. 2. The Petitioner claims to be one of the married daughter of the deceased Anant Vithal Parulekar, who expired at Mumbai in or about February 1996. 3. The details with regard to the Heirs of the deceased are set out. 4. It is stated that the deceased expired in the year 1996 and the mother of the Petitioner has also expired on 30th May 1998. :2: 5. There are other details which are set out so also the declarations. 6. After notice was issued and the proclamation was published, an affidavit has been filed by one Vandana Vithal Parulekar and she does not dispute that the Petitioner is one of the four married daughters of late Anant. 7. She does not dispute the date of his death. 8. However, what is sought to be urged is that the property at Bandra is self-acquired at concessional rate as Freedom Fighter, by the deceased and therefore, the claim to the said property cannot be entertained. 9. It is clear that in these proceedings I am not deciding the issue of right, title or interest of the Petitioner or the said Vandana. Once it is not disputed that the Petitioner is one of the Heirs of the deceased, then, in my view, the relief as prayed cannot be denied. 10. The Petition is made absolute in terms of prayer clause (a). 11. However, it is clarified that the Court has not decided the issue of right, title and interest of the parties to the Petition in respect of the properties which :3: are more particularly set out in the affidavit in reply dated 24th December 2008 which is filed by the Heirs at Sr.Nos.6,7 and 8 in para 2 of the Petition. All pleas in that behalf are kept open. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)