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Bombay High CourtMPT/645/2025disposed off

Suman Ashok Kanojia Alias Suman Ashok Kanojia v. Ashok Chunnilal Kanojiya

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

125.MPT.645.2025.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.645 OF 2025 Ashok Chunnilal Kanojiya .. Deceased Suman Ashok Kanojia Alias Suman Ashok Kanojiya .. Petitioner ....................

 Mr. Manoj R. Dubey, Advocate for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 2025.

P.C.:

1.

Heard Mr. Dubey, 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 Ashok Chunnilal Kanojiya. 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.6 of the Petition. I have perused the same.

3.

Consent affidavit dated 20.02.2024 and 20.02.2024 of Suman Ashok Kanojia Alias Suman Ashok Kanojiya being a natural guardian of children i.e. Raj Ashok Kanojiya and Bhoomi Ashok Kanojiya and Vimaladevi Chunilal Kanojiya, on behalf of the legal heirs

125.MPT.645.2025.doc are filed on record and appended at page Nos.22 and 26 of Petition. 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 clauses 'a' and 'b' which read thus:- "'a'

This Hon'ble Court be pleased issue a legal Heirship Certificate to the petitioner under provisions of Bombay Regulation Act VIII of 1827 certifying that the petitioner, along with the other legal heirs mentioned at para No.4 herein above are the only heirs and legal representative of the deceased.

b.

That issuance of Proclamation be Dispense With." 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 AJAY TRAMBAK UGALMUGALE Date: 2025.10.07 16:50:17 +0530 AJAY TRAMBAK UGALMUGALE