Shraddha Ashish Belapurkar And 2 ORS v. Arun Dharsibhai Dassani (Deceased)

1 20-MPT-23-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 23 OF 2025 Shraddha Ashish Belapurkar & Ors.

... Petitioners

Versus

Arun Dharsibhai Dassani ... Deceased ----- Ms. Jasmin Amalsadvala a/w Bhavesh Bhatia i/b Mint and confrere for the Petitioners.

----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

P.C. :

1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Arun Dharsibhai Dassani ('the deceased'), who died in Mumbai on 23.08.2023. 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. 2.

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

2 20-MPT-23-2025.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 3 of the Miscellaneous Petition. 4.

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. 5.

I have heard the learned Counsel appearing on behalf of the Petitioners 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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " (a) That Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1827 be granted to the Petitioners declaring that the Petitioners mentioned at para four above as the legal heirs of the Deceased Late Shri. Arunbhai Dharsibhai Dassani."

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

3 20-MPT-23-2025.doc 8.

The Miscellaneous Petition is accordingly disposed of. 9.

Proclamation to be dispensed with.

(ARIF S. DOCTOR, J.)