Vaijanti Nagu Patil And 2 ORS v. Changula Laxman Koli Alias Changabai Laxman Koli (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.02.28 10:30:25 +0530 MULEY SHUBHAM PRAVINRAO 1 26-MPT-66-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 66 OF 2025 Vaijanti Nagu Patil & Ors.

...Petitioners

Changula Laxman Koli alias Changabai Laxman Koli ...Deceased ----------------- Adv. Shobhana Waghmare a/w Akshata Kadam 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 Changula Laxman Koli alias Changabai Laxman Koli ('the deceased'), who died at Mumbai on 14 th September 1991. 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. 1/3

2 26-MPT-66-2025.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 12 of the Miscellaneous Petition. 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 (b) which reads as under :- " a. That the Legal Heirship Certificate may be granted to Petitioners and the surviving legal heirs of the deceased be declared as legal heirs and legal representatives of the deceased, under the provision of Bombay Regulation Act VIII of 1827."

7.

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

2/3

3 26-MPT-66-2025.doc 8.

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

9.

Issuance of proclamation is dispensed with.

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