Rishi Mahavir Jain v. Meena Mahavir Jain
1 26-MPT 268-25.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.268 OF 2025 Meena Mahavir Jain ... Deceased Rishi Mahavir Jain ... Petitioner .....
Ms. Shivani Prasad i/b Mr. Vijay Singh, for Petitioner. .....
CORAM :
ARIF S. DOCTOR, J.
DATE :
07TH MAY 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 Meena Mahavir Jain ('the deceased'), who died in Mumbai on 26 th March, 2024. 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.
SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.05.09 14:35:39 +0530
2 26-MPT 268-25.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 8 of the Miscellaneous Petition. 4.
The other legal heir of the deceased has filed consent affidavit, which is 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's along with the Heirs mentioned in Para 4 above being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act, Act, VIII of 1827".
3 26-MPT 268-25.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.]