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Bombay High CourtMPT/536/2025disposed off

Suresh Tanaji Kulaye v. Tanaji Govind Kulaye

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

103.MPT.536.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.536 OF 2025 Tanaji Govind Kulaye .. Deceased Suresh Tanaji Kulaye .. Petitioner ....................

 Mr. Ketan Joshi a/w. Ms. Shraddha Dhamale, Advocates for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 2025.

P.C.:

1.

Heard Mr. Joshi, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Tanaji Govind Kulaye. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

3.

Consent affidavits dated 06.02.2023, 03.02.2023, 15.02.2023, 07.04.2023 and 08.02.2023 of Gopikabai Tanaji Kulaye, Mrs. Madhavi Chandrakant Manjardekar, Gangaram Tanaji Kulaye, Sulochana Krishna Chougule and Indira Vitthal Terekar, the legal heirs

103.MPT.536.2025.doc are filed on record and appended at page Nos.27, 31, 35, 38 and 41 of Petition.

4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses 'a' and 'b' which read thus:- "a That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that Suresh Tanaji Kulaye (son of the deceased) is legal heir alongwith other legal heirs of the deceased which is which is mentioned in the Paragraph No.4 Legal representative of the Deceased. b That issuance of Proclamation be dispensed with." 5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.10.07 11:51:13 +0530 AJAY TRAMBAK UGALMUGALE