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Bombay High CourtMPT/407/2024disposed off

Anil Bhupal Chougule Alias Anil Bhupal Chouguale v. Bhupal Parshwanath Chougule Alias Bhupal Parisa Chaugule

2024-10-03Hon'Ble Shri Justice N. J. Jamadar2 pages

34-MPT-407-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 407 OF 2024 Anil Bhupal Chougule Alias Anil Bhupal Chouguale

...Petitioner

Versus

Bhupal Parshwanath Chougule Alias Bhupal Parisa Chaugule ...Deceased *** Mr. Rahul Khot i/by Ms. Seema Hunnurkar and Associates for Petitioner.

by ETHAPE DNYANESHWAR ASHOK Date:

2024.10.05 12:58:55 +0530 ETHAPE DNYANESHWAR ASHOK ***

CORAM

:

N. J. JAMADAR, J.

DATE :

3rd OCTOBER 2024 PC.

:

1.

Heard the learned Counsel for the Petitioner. 2.

This petition is filed for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827. 3.

Bhupal Parshwanath Chougule (the deceased) was the father of the petitioner. The deceased passed away on 19th April 2011 at Miraj, District Sangli.

4.

In the petition it is averred that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased left behind the petitioner and two D.A.ETHAPE

34-MPT-407-2024 (OS).doc daughters, the particulars of whom are furnished at serial Nos. 2 and 3 in the table at paragraph No.4 of the petition. The wife of the deceased passed away on 27th May 2021. A copy of the death certificate of wife of the deceased is annexed at Exhibit-B to the petition. The heirship certificate is required to lay claim over the property described in the Schedule of Assets (Exhibit-E). 5.

I have perused the averments in the petition. It appears that the petitioner and his two sisters, the particulars of whom are mentioned in the table at serial No. 2 and 3 are the only surviving legal heirs of the deceased. The wife of the deceased seems to have passed away. Ujawala M. Sambhushete and Manisha S. Herwade, the daughters of the deceased, have filed affidavits giving their consents for grant of heirship certificate. I do not find any impediment in granting heirship certificate. 6.

Hence, the following order:-

ORDER

(i) Petition stands allowed in terms of prayer clause (a). (ii) Proclamation dispensed with.

(iii) The grant of heirship certificate is expedited. (N. J. JAMADAR, J.) D.A.ETHAPE