Rupali Sameer Kamble v. Sameer Madhukar Kamble (Deceased)

9-MPT-427-2024-MODIFIED.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 427 OF 2024 Sameer Madhukar Kamble ...Deceased Rupali Sameer Kamble & Anr

...Petitioners

Ms Dhanashree Padwal, for the Petitioners.

CORAM:

ARIF S. DOCTOR, J DATED:

3RD JANUARY 2025 PC:- 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 Sameer Madhukar Kamble ("the deceased"), who SHEPHALI SANJAY MORMARE died in Mumbai on 27th May 2021. A copy of the Death Certificate is annexed to the Miscellaneous Petition. It is stated that despite due and by SHEPHALI SANJAY MORMARE Date: 2025.01.20 17:06:55 +0530 diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2.

The deceased left behind him surviving as his 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 8 of the Miscellaneous Petition.

9-MPT-427-2024-MODIFIED.DOC 4.

The other legal heir of the deceased is a minor son. Therefore, the question of filing of the Consent Affidavit does not arise. 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 (b), which reads as under:

" (b) this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioners under the provision of Bombay Regulation VIII of 1827 certifying that, the Petitioners are the only heirs and legal representatives of the said deceased," 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

9.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J) Note:

This order is modified as per order dated 14th January 2025.