Dilip Himmatial Janjmera v. Manjula Himmatal Janjmera (Deceased)

1 25-MPT 209-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.209 OF 2025 Manjula Himmatal Janjmera ... Deceased Dilip Himmatial Janjmera ... Petitioner ......

Mr. Harshawardhan Karande i/b Jha Legal Associates, for Petitioner. .....

CORAM :

ARIF S. DOCTOR, J.

DATE :

17TH APRIL 2025 P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Manjula Himmatlal Janjmera ('the deceased'), who died in Mumbai on 3 rd June, 2010. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.21 17:31:04 +0530

2 25-MPT 209-25.doc 2.

The deceased left behind her surviving as her only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition. 5.

The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 6.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

3 25-MPT 209-25.doc 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " (a) That a Legal Heirship Certificate certifying that the petitioner and his brothers i.e Bharat Himmatlal Janjmera and Ashok Himmatlal Janjmera as the as only heirs and legal representatives of the said deceased under the provisions of the Bombay Regulation Act VIII of 1827".

8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.

9.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]