Chandrakant Arjun Gaikwad v. Shekhar Kanna Bran (Deceased)

1 23-MPT 657-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.657 OF 2024 Shekhar Kanna Bran ... Deceased Chandrakant Arjun Gaikwad ... Petitioner ----- Mr. Swapnil Patankar for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH MARCH 2025 P.C. :

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 MUGDHA MANOJ PARANJAPE one Shekhar Kanna Bran ('the deceased'), who died in Mumbai on 17 th MUGDHA MANOJ PARANJAPE Date: 2025.03.07 10:12:08 +0530 February 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 Petitioner is the sole legal heir of the deceased according to Hindu Succession Act, 1956.

2 23-MPT 657-24.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraphs 7 and 8 of the Miscellaneous Petition. 4.

The Petitioner is the sole legal heir of the deceased. Hence there is no question of filing consent affidavit.

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 (a), which reads as under :- " a. This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner is the only heirs and legal representatives of the said deceased."

3 23-MPT 657-24.doc 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.)