Vibha Sudhir Dubey v. Sudhir Ravishankar Dubey (Deceased)

1 33-MPT 199-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.199 OF 2025 Sudhir Ravishankar Dubey ... Deceased Vibha Sudhir Dubey ... Petitioner ----- Mr. Sachin Kannaujiya for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

15TH APRIL 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.04.16 11:29:06 +0530 MUGDHA MANOJ PARANJAPE 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 Sudhir Ravishankar Dubey ('the deceased'), who died at Mumbai on 5 th March 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 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 33-MPT 199-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraphs 6 and 7 of the Miscellaneous Petition. 4.

The Petitioner has filed Affidavit on behalf of the other legal heirs, who are stated to be minor children of the deceased. 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 an Heirship Certificate be granted to the Petitioner and legal heirs, as heirs of Deceased Mr. Sudhir Ravishankar Dubey as per Rule 2 of Bombay Regulation VIII of 1827;"

3 33-MPT 199-25.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.)