Ramkripal Ramdhani Rajak And ANR v. Ramdhani Aganu Rajak Alias Kanojia ( Deceased)

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO.95 OF 2025 Ramkripal Ramdhani Rajak and another ] Petitioners Ramdhani Aganu Rajak alias Kanojia ] Deceased .....

Mr. Pratik S. Sabrad i/b Mr. Yuvraj Patil, for Petitioners. .....

CORAM : ARIF S. DOCTOR, J.

th APRIL, 2025.

DATE : 29 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 Ramdhani Aganu Rajak @ Kanojia ('the deceased'), who died at Village Gajali, Tahsil Pahi District Pratap Gadh, State Utter Pradesh on 13 th December, 2013. 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.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.04.30 13:38:59 +0530

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 14 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 a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Ramkripal Ramdhani Rajak (the Son of the Deceased abovenamed the Petitioner No.1 herein) and (2) Mehapal Ramdhani Rajak (the son of the Deceased abovenamed the Petitioner No.2 herein), are the only heirs and Legal Representative of the Deceased abovenamed.

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.

8.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR J.]