Madhuri Pradeep Deshpande v. Pradeep Waman Deshpande (Deceased)

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 30 OF 2022 Madhuri Pradeep Deshpande

...Petitioner

And Pradeep Waman Deshpande ...Deceased ---------- Mr. Chetan Mali i/by Owais Pechkar for the Petitioner. ---------- CORAM : R.I. CHAGLA J DATE :

18 February 2022 ORDER :

1.

By the present Petition, the Petitioner seeks Legal Heirship Certifcate under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased Pradeep Waman Deshpande, who expired in Mumbai on 12th April 2021. A copy of her death certifcate is annexed at Exh.A to the Petition. SHARAYU PANDURANG KHOT 2.

The deceased was survived by the Petitioner and his by SHARAYU PANDURANG KHOT Date:

2022.02.22 11:14:58 +0530 daughter, the particulars of which are given in the tabular form at paragraph 4 of the Petition. The mother of the deceased 1/3

predeceased the deceased. Save and except the Petitioner, who is widow of the deceased and the daughter of the deceased, there are no other legal heirs surviving the deceased. 3.

It is stated that the Legal Heirship Certifcate is required to enter the names of the Petitioner and daughter as legal heirs in the records of the society and other records of the concerned authorities.

4.

The Consent Affdavit of the daughter of the deceased, who is the other legal heir of the deceased, is fled by which she has given their full and free consent in favour of the Petitioner for being granted the Legal Heirship Certifcate without justifying surety of her share in the estate of the deceased.

5.

No other Petition for a heirship certifcate, succession certifcate, probate or letters of administration with or without will annexed has been fled. There is no impediment to the grant of relief in the present Petition. 2/3

6.

The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(a) The Hon'ble Court is pleased to issue a Legal Heirship Certifcate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that Mrs. Madhuri Pradeep Deshpande (Widow) and Ms. Deepti Pradeep Deshpande (Daughter) all being Class - I heirs of the said deceased."

7.

Proclamation dispensed with.

8.

Miscellaneous Petition is disposed of.

9.

No order as to costs.

[R.I. CHAGLA J.] 3/3