Jitesh Rajnikant Shah v. Saroj Rajnikant Shah Alias Sarojben Rajnikant Shah (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.03.27 17:38:21 +0530 MULEY SHUBHAM PRAVINRAO 1 24-MPT-165-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 165 OF 2025 Jitesh Rajnikant Shah

...Petitioner

Saroj Rajnikant Shah alias Sarojben Rajnikant Shah ...Deceased ----------------- Mr. Prabhu Velar for the Petitioner.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 27TH MARCH, 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 Saroj Rajnikant Shah alias Sarojben Rajnikant Shah ('the deceased'), who died at Mumbai on 3 rd October, 2023. 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 the Petitioner as her only heir and next of kin according to Hindu Succession Act, 1956. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. Shubham 1/2

2 24-MPT-165-2025.doc 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 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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under section 2 of the Bombay Regulation Act VIII of 1827 certifying that follows person i.e. Jitesh Rajnikant Shah (son) is the only surviving legal heir and representative of the deceased abovenamed i.e., Saroj Rajnikant Shah alias Sarojben Rajnikant Shah." 7.

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

8.

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

(ARIF S. DOCTOR, J.) Shubham 2/2