Ashok Babaji Mohite v. Babaji Bapu Mahite (Deceased)

1 21-MPT 192-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.192 OF 2025 Babaji Bapu Mahite ... Deceased Ashok Babaji Mohite ... Petitioner ----- Mr. Samir Suryawanshi a/w Bhakti W. for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

th APRIL 2025 DATE :

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 Babaji Bapu Mahite ('the deceased'), who died in Mumbai on 09.12.1979. 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 4 of the Petition.

2 21-MPT 192-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.

5.

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. 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) That a Legal Heirship Certificate Certifying that the Petitioner along with the Heirs mentioned in para no.4 are the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act VIII of 1827."

3 21-MPT 192-25.doc 8.

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

9.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.)