Ashwini Suresh Gavande v. Suresh Gopal Gawande (Deceased)

22_MPT377_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.377 OF 2023 Ashwini Suresh Gavande ...

Petitioner Suresh Gopal Gawande ...

Deceased Mr. Sarjerao B. Patil for Petitioner.

CORAM : MANISH PITALE, J.

DATE : OCTOBER 30, 2023 P.C. :

By this petition filed under the provisions of the Bombay Regulation Act VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in respect of the deceased, who was her father. It is stated that the deceased died on 27.06.2004. Copy of the death certificate is placed at Exhibit-A, which shows that at the time of death, the deceased was permanently residing at plot No.286, Near Anand Society, Pant Nagar, Ghatkopar (East), Mumbai - 400 075. The deceased died intestate, without leaving behind any Will. It is also stated in paragraph 4 of the petition that the petitioner (daughter) is the only surviving legal heir, for the reason that the parents and grandparents of the deceased predeceased him and the wife of the deceased also predeceased him.

2.

It is also stated that the legal heirship certificate is required in the by MINAL SANDIP PARAB Date:

2023.11.01 10:30:29 +0530 MINAL SANDIP PARAB context of the property left behind by the deceased father and the details are given in paragraphs 7 to 9 of the petition. 3.

In view of the above, the petition is accepted and proclamation is dispensed with. In the interest of justice, the petition is allowed in terms of prayer clause (B), which reads as follows:- "B) This Hon'ble Court be pleased to issue a Legal 1/2

22_MPT377_23.doc Heirship Certificate to the petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner along with the heirs mentioned above in Para 4 are the only heirs and legal representatives of the said deceased." 4.

The department is directed to take consequential steps expeditiously.

(MANISH PITALE, J.) Minal Parab 2/2