Sunita Paresh Bhandari v. Rajrani Balkrishna Behal

1 42-MPT 286-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.286 OF 2025 Rajrani Balkrishna Behal ... Deceased Sunita Paresh Bhandari and others ... Petitioners ......

Ms. Shraddha Nagaonkar i/b Mr. Pranav Khatkul, for Petitioners. ......

CORAM :

ARIF S. DOCTOR, J.

DATE :

07TH MAY 2025 P.C. :

1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Rajrani Balkrishna Behal ('the deceased'), who died in Mumbai on 19 th August, 2021. 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 14:00:30 +0530

2 42-MPT 286-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 8 of the Miscellaneous Petition. 4.

The 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 Petitioners 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 :- "a. This Hon'ble Court be pleased to issue the Legal Heirship Certificate to the petitioners,Viz 1)Sunita Paresh Bhandari 2) Purushotomlal Balkrishna Bahal and 3) Geeta Balkrishna Bahal under the provisions of Bombay regulation VIII of 1827 certifying that the petitioners as mentioned in paragraph 5 of the petition are the only heirs and legal representatives of the deceased"

3 42-MPT 286-25.doc 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.]