Sanjay Bhagwan Kale And ANR v. Krishnarao Sakharam Thombre (Deceased)

by MEERA MAHESH JADHAV Date:

2025.03.13 12:00:02 +0530 MEERA MAHESH JADHAV 1/2 25-mpt-106-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO.106 OF 2025 Krishnarao Sakharam Thombre ...Deceased Sanjay Bhagwan Kale & Anr ..Petitioners ---- Ms Jyoti Badgujar a/w Mr. Rajdeep Lahiri i/b Lakdawala & Co. for Petitioners. ---- CORAM : ARIF S. DOCTOR, J.

th MARCH 2025 DATED : 12 P.C. :

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 Krishnarao Sakharam Thombre alias Krishnarao S. Thombre alias K. S. Thombre, who died at Mumbai on 28 th November 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.

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 4 of the Petition.

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

The legal heirs of the deceased have filed consent affidavit, which is Meera Jadhav

2/2 25-mpt-106-25.doc annexed to the Petition.

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.

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.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (b) which reads as under :- "(b) That a Legal Heirship Certificate be granted in favour of Petitioners along with heirs mentioned in Para 4 above certifying them as legal heirs / representative of the said Deceased under the Provision of Bombay Regulation Act, VIII of 1827."

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with. The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.) Meera Jadhav