Mamta Mansing More Alias Pratibha Mansing More v. Mansing Baburao More (Deceased)
by MULEY SHUBHAM PRAVINRAO Date:
2025.02.28 10:30:26 +0530 MULEY SHUBHAM PRAVINRAO 1 29-MPT-69-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 69 OF 2025 Mamta Mansing More alias Pratibha Mansing More
...Petitioner
Mansing Baburao More ...Deceased ----------------- Adv. Shardul C.J.T. i/by Shivaji Nirmale for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.
DATE : 27TH FEBRUARY, 2025 P.C.:- 1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Mansing Baburao More ('the deceased'), who died at Mumbai on 28 th November, 2022. 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 as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 5 of the Petition.
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2 29-MPT-69-2025.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.
The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.
5.
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.
6.
I have heard the learned Counsel appearing on behalf of the Petitioner 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. 7.
The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a. This Hon'ble Court be pleased to declare that the petitioner i.e.
(1) Mrs. Mamta @ Pratibha Mansing More, the widow of the deceased and (2) Mrs. Swati Prashant Salvi, the married daughter of the deceased, are the only heirs and legal representatives of Late Mansing Baburao More under the provisions of Bombay regulation VIII of 1827." 2/3
3 29-MPT-69-2025.doc 8.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.
9.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
10.
Issuance of proclamation is dispensed with.
(ARIF S. DOCTOR, J.) 3/3