Sharad Kanu Patil v. Kanu Rama Patil Alias K R Patil

apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.378 OF 2025 Sharad Kanu Patil

...Petitioner

And Kanu Rama Patil alias KR Patil ...Deceased ______________________ Adv. Bhakti Patil, a/w Adv. Prabhu Velar, i/by Adv. Padmakar Tripathi for the Petitioner.

________________________ Digitally signed by ASHWINI H GAJAKOSH Date:

2025.07.30 19:34:02 +0530

CORAM

: Kamal Khata, J.

DATED : 24th July 2025.

ASHWINI GAJAKOSH P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Kanu Rama Patil alias K.R. Patil ('the deceased').

2.

The deceased expired at Mumbai on 7th March, 1982. A copy of the death certificate is annexed to the Petition as Exhibit 'A' and his identity proof as Exhibit 'A1'. 3.

The deceased died intestate. The legal heirs of the deceased, mentioned in paragraph No. 4 of the Petition, are her only surviving heirs and next-of-kin in terms of Section 8 (a) of Hindu Succession Act, 1956.

4.

Learned Advocate Ms. Patil further submits that Legal Heirship Certificate is sought to declare the Petitioners as the legal heirs and to facilitate transfer of the property mentioned in paragraph No.6 of the Petition. He submits that Consent Affidavits of other legal heirs as specifically set out in Paragraph No. 4 are annexed to the Petition. 5.

In view of the aforesaid submissions and the material placed on record, I find no impediment in allowing this Petition. The Petition is allowed.

6.

The requirement of proclamation is dispensed with. 7.

The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order. 8.

Petition is made absolute in terms of prayer clause (a) which reads as follows:

"(a) This 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 follows persons i.e. (1) Vishwas Kanu Patil (son), (2) Prakash Kanu Patil (son),

(3) Sharad Kanu Patil (son), (4) Shalini Suresh Chopra (daughter), (5) Sandhya Kanu Patil (daughter), and (6) Karuna Kiran Kene (daughter) are the only legal heirs of the deceased

abovenamed i.e., Kanu Rama Patila alias K.R. Patil."

9.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)