Vinayak Mohan Rao v. Anjali Mohan Rao (Deceased)
1 32-MPT 217-25.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.217 OF 2025 Anjali Mohan Rao ... Deceased Vinayak Mohan Rao ... Petitioner ......
Mr. Prasad Jangam, for Petitioner.
......
CORAM :
ARIF S. DOCTOR, J.
DATE :
17TH APRIL 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 Anjali Mohan Rao ('the deceased'), who died in Mumbai on 22 nd January, 2022. 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.
SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.21 17:32:20 +0530
2 32-MPT 217-25.doc 2.
The deceased left behind her the petitioner as her sole heir and next of kin according to Hindu Succession Act, 1956, the person mentioned in the table in paragraph 5 of the Petition. 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.
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. 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 :-
3 32-MPT 217-25.doc " (a) The Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that Vinayak Mohan Rao (The Petitioner herein and the Son of the Deceased) be recognized as the only legal heir and representative of the Deceased".
7.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.
8.
The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]