Deepchand Shivdhan Jaiswar v. Sanjanadevi Shivdhan Jaiswar Alias Sajnadevi Harijan Jaiswar (Deceased)

1 22-MPT 193-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.193 OF 2025 Sanjanadevi Shivdhan Jaiswar alias Sajnadevi Harijan Jaiswar ... Deceased Deepchand Shivdhan Jaiswar ... Petitioner ----- Adv. Soham Jadhav i/b Yogesh Gupta for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

th APRIL 2025 DATE :

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 Sanjanadevi Shivdhan Jaiswar alias Sajnadevi Harijan Jaiswar alias Nirnkari Sanjana ('the deceased'), who died in Mumbai on 01.09.2005. 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 Petitioner is the sole legal heir and next of kin according to Hindu Succession Act, 1956.

The reason for which the Legal Heirship Certificate is required is set out

2 22-MPT 193-25.doc in paragraph 10 of the Miscellaneous 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 (a) which reads as under :- " (a) That Legal Heirship Certificate be issued Certifying that the Petitioner are only Heir and Legal Representative of the 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.

The Miscellaneous Petition is accordingly disposed of.

3 22-MPT 193-25.doc (ARIF S. DOCTOR, J.)