Jayshree Ashok Koli v. Ashok Duda Koli (Deceased)

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.141 OF 2025 Ashok Duda Koli ... Deceased Jayshree Ashok Koli ... Petitioner ______________________ Mr. Siddharth Desai a/w. Adv. Kiran J Mohite i/by Kiran S. Mohite for the Petitioner.

Adv. Sumeet Jalgankar for the legal heir.

________________________

CORAM

: Kamal Khata, J.

DATED : 27th June 2025.

P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Ashok Duda Koli ("the deceased"). 2.

The deceased expired at Surat on or about 1st June 2018. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate, leaving behind legal heirs and next of kin in accordance with Section 8(a) of the Hindu Succession Act, 1956. The legal heirs of the deceased are set out in paragraph 4 of the Petition.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.25 10:36:10 +0530 SUMEDH NAMDEO SONAWANE

4.

Learned Advocate Mr. Desai for the Petitioner submits that the Legal Heirship Certificate is required for seeking a job with the MCGM on compassionate ground - particularly mentioned in paragraph No.8. It is also submitted that, the mother of deceased namely Kesar Dudha Koli has filed her consent affidavit in favour of the Petitioner. 5.

In view of the aforesaid submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with. The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order.

6.

Petition is made absolute in terms of prayer clause (a) which reads as follows:

"(a) That the Legal Heirship Certificate may be granted to the Petitioner certifying that Jayshree Ashok Koli (widow - Petitioner), Kirtee Ashok Koli (daughter) and Kesar Dudha Koli (mother) are the legal heirs and representatives of the said deceased under the Provisions of the Bombay Regulation Act VII of 1827;"

7.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)