Vijaya Jaikishan Chandnani v. Neni Tilumal Aswani

144.MPT.697.2025.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.697 OF 2025 Neni T Aswani .. Deceased Vijaya J. Chandanani .. Petitioner ....................

 Mr. D.R. Talankar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 2025.

P.C.:

1.

Heard Mr. Talankar, 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 Neni T Aswani. The names and details of legal heirs of the deceased are stated in paragraph No.5 of the Petition. Purpose for filing the present Petition is stated in paragraph No.10 of the Petition. I have perused the same.

3.

Out of the three brothers of the Petitioner, two have predeceased the deceased and one is missing since the year 2011. Certificate of missing brother is appended below Exhibit 'F' at page No.40 of the Petition. A Notarised Special Power of Attorney dated 22.06.2023 is granted in favour of Petitioner by (1) Mrs. Hardevi Jairaj, (2) Ms. Nirmala D. Salvi, (3) Mrs. Shraddha V. Nerurkar, (4)

144.MPT.697.2025.doc Mrs. Maya Wadhwani and (5) Mrs. Nisha Prakash Aswani, the legal heirs is placed on record and appended at page No.25 of the 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 clause 'a' which reads thus:- "'a'

This Hon'hle Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that following are the only heirs and legal representatives of the deceased Mrs. Neni C Aswani a. Mrs. Hardevi Jairaj, Married Daughter b. Mrs. Vijaya Chadanani, Married Daughter c. Ms. Nirmala D Salvi, Married Daughter d. Mrs. Shraddha V.Nerurkar, Married daughter e. Mrs. Maya Wadhwani, Married, Married f. Mrs. Nisha Prakash Aswani daughter in law wife of Lt Mr. Prakash T Aswani."

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: 2025.10.08 11:58:10 +0530 AJAY TRAMBAK UGALMUGALE