Santosh Kishor Tambadkar v. Late Ganpat Balu Tambadkar (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 626 OF 2024 Ganpat Balu Tambadkar ...Deceased Santosh Kishor Tambadkar

...Petitioner

Ms Sujata Babar, for the Petitioner.

CORAM:

ARIF S. DOCTOR, J DATED:

7TH JANUARY 2025 PC:- SHEPHALI SANJAY MORMARE 1.

The Petitioner seeks the grant of a Legal Heirship Certificate by SHEPHALI SANJAY MORMARE Date: 2025.01.07 18:44:29 +0530 under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Ganpat Balu Tambadkar ("the deceased"), who died in Mumbai on 8th April 1993. 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.

3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed Consent Affidavits, which are annexed to the Petition. 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 clauses (a) and (b) which read as under: " (a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. SANTOSH KISHOR TAMBADKAR, two Aunts SUREKHA DATTATREY LOGADE and LAXMI KISAN BIRADI, his Mother NANDA KISHOR TAMBATKAR and two Cousin brothers ALPESH ANAND SHAHAPURKAR and RUPESH ANAND SHAHAPURKAR, are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827;

(b) Delay of approx. 28 years and 8 months may be condoned."

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)