Pravin Vitthal Mhapsekar v. Vitthal Gopal Mhapsekar (Deceased)
16-MPT-608-2024.DOC Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 608 OF 2024 Vitthal Gopal Mhapsekar ...Deceased Pravin Vitthal Mhapsekar
...Petitioner
Mr Deepak Pandey, for the Petitioner.
CORAM:
ARIF S. DOCTOR, J DATED:
3RD JANUARY 2025 SHEPHALI SANJAY MORMARE PC:- SHEPHALI SANJAY MORMARE Date: 2025.01.04 11:54:41 +0530 1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Vitthal Gopal Mhapsekar ("the deceased"), who died in Mumbai on 19th April 2024. 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 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.
16-MPT-608-2024.DOC 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. 4.
The Petitioner is the only legal heir of the deceased. 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/s (a), which reads as under:
" (a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying the Petitioner Pravin Vitthal Mhapsekar, as the legal heir and representatives of Deceased abovenamed."
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)