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Bombay High CourtMPT/435/2025disposed off

Vilas Shridhar Shigwan v. Late Dhondu Mahadeo Shinde (Deceased)

2025-09-20Hon'Ble Shri Justice Milind N. Jadhav2 pages

17.435.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 435 OF 2025 Dhondu Mahadeo Shinde .. Deceased Vilas Shridhar Shigwan .. Petitioner ....................

 Mr. Prakash U. Sutar, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2025.

P.C.:

1.

Heard Mr. Suttar, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Dhondu Mahadeo Shinde. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.8 of the Petition. I have perused the same.

3.

Joint consent affidavit dated 18.03.2025 of Sakshi Vijay Shigwan and Suyog Vijay Shigwan, the legal heirs are filed on record and appended at page No.35 of Petition. It is Petitioner's case that sister of deceased, Jayashri Mahadeo Shinde, married to Narayan Shantaram Shigwan and she expired in April 1944. It is Petitioner's

17.435.2025.doc case that she has not produced death certificate of Jayashri Mahadeo Shinde as it is not in her possession.

4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer at paragraph No. 16 which read thus:- "16. The petitioner therefore prays that:- That Legal Heirship Certificate may be granted to the petitioner, Suyog Vijay Shigwan and Sakshi Vijay Shigwan having effect throughout India."

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.09.22 18:49:23 +0530 AJAY TRAMBAK UGALMUGALE