Amit Valjibhai Patel And 2 ORS v. Jashodaben Valjibhai Patel (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.02.28 10:30:25 +0530 MULEY SHUBHAM PRAVINRAO 1 25-MPT-65-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 65 OF 2025 Amit Valjibhai Patel & Ors.

...Petitioners

Jashodaben Valjibhai Patel ...Deceased ----------------- Adv. Rahul S. Ubale for the Petitioners.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 27TH FEBRUARY, 2025 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 Jashodaben Valjibhai Patel ('the deceased'), who died at Mumbai on 15 th March, 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 her surviving as her only heirs and next of kin the Petitioners according to Hindu Succession Act, 1956. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 1/3

2 25-MPT-65-2025.doc 4.

The Registry has duly verified the Petition. 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) Grant to the Petitioners a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act, 1827 certifying the Petitioners, namely 1) Amit Valjibhai Patel 2) Heena Valjibhai Patel 3) Prashant Valjibhai Patel, as a recognized, legal heir of the Deceased abovenamed;"

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

8.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

2/3

3 25-MPT-65-2025.doc 9.

Issuance of proclamation is dispensed with.

(ARIF S. DOCTOR, J.) 3/3