Kunal Lalitmohan Pande Son Of Lalitmohan Pande v. Vidhu Pande Wife Of Lalitmohan Pande (Deceased)

1 15-MPT 248-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.248 OF 2025 Vidhu Pande W/o. Lalitmohan Pande ... Deceased Kunal Lalitmohan Pande ... Petitioner ----- Adv. Sana Khan a/w Dhanashree Humbarkar i/b SNG & Partners for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

30TH 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 Vidhu Pande W/o. Lalitmohan Pande ('the deceased'), who died at Mumbai on 11.09.2019. 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 as her only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition.

2 15-MPT 248-25.doc 4.

The other legal heir of the deceased have filed consent affidavit, which is annexed to the Petition.

5.

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.

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) and (b), which read as under :- " a) That a Legal Heirship Certificate of the deceased be issued under the provision of the Bombay Regulation Act VIII of 1827, certifying that,( l) Kunal Lalitmohan Pande (the Son of the deceased and the Petitioner herein) and (2) Priyanka Lalitmohan Pande (the Daughter of the deceased ), are the only heirs and Legal Representatives of the deceased abovenamed.

b) That issuance of Proclamation be dispensed with" 8.

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

3 15-MPT 248-25.doc 9.

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

(ARIF S. DOCTOR, J.)