Shilpa Laxman Bhangle v. Ashok Raghunath Mahajan (Deceased)

by SUMEDH NAMDEO SONAWANE Date: 2022.11.14 18:48:43 +0530 SUMEDH NAMDEO SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.116 OF 2022 Shilpa Laxman Bhangle .. Petitioner Ashok Raghunath Mahajan .. Deceased Ms. Dnyanda Damodar Mahajan, for the petitioner. CORAM : KAMAL KHATA, J.

DATED : 9TH NOVEMBER, 2022.

P.C. :

1. Learned counsel for the petitioner submits that the wife of the deceased namely Aparna Ashok Mahajan has expired on 12 th June 2022, She produced death certificated dated 5 th July 2022. Copy of the death certificate is taken on record and marked 'X' for identification

2. By this present Petition, the Petitioner seeks Legal Heirship Certificate under Section 2 of the Bombay Regulation Act, VIII of 1827 in respect of the deceased Ashok Raghunath Mahajan who expired on 11 th August 2010 and Aparna Ashok Mahajan who expired on 12 th June 2022. A copy of the death certificate is 1/3

annexed at Exhibit A to the Petition.

3. The Petitioner is the married daughter of the deceased. The particulars of the legal heirs of the deceased are mentioned in the tabular form at paragraph 4 of the petition. Save and except the legal heirs mentioned in paragraph No.4 of the Petition, there are no other legal heirs surviving the deceased.

4. It is stated in paragraph No.1 of the petition that, the Legal Heirship Certificate is required for obtaining Fixed Deposit from the Bank.

5. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed, has been filed. Therefore, I do not find any impediment in granting the reliefs sought for in the present Petition.

6. For the reasons set out in paragraph No.1, the petition is made absolute in terms of prayer clause (a) which reads thus:- "(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that Shilpa Laxman Bhangle formerly known as Shilpa Ashok Mahajan, and she be declared as legal heirs and legal representative of the deceased Ashok Raghunath Mahajan and for Aparna Ashok Mahajan wife, under the provisions of Bombay Regulation Act VIII of 1827." 2/3

7. Proclamation is dispensed with.

8. The petition is accordingly disposed off. No orders as to costs. (KAMAL KHATA, J.) 3/3