Laxman Tanaji Sonavane v. Tanaji Govind Sonavane (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 666 OF 2024 Tanaji Govind Sonavane ...Deceased Laxman Tanaji Sonavane

...Petitioner

Mr Manoj M Mane, for the Petitioner.

CORAM:

ARIF S. DOCTOR, J DATED:

6TH FEBRUARY 2025 PC:- SHEPHALI SANJAY MORMARE 1.

The Petitioner seeks the grant of a Legal Heirship Certificate by SHEPHALI SANJAY MORMARE Date: 2025.02.07 10:10:43 +0530 under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Tanaji Govind Sonavane ("the deceased"), who died in Mumbai on 20th March 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.

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 has/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/s as under: " (a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Surekha Ganesh Narayane (Married Daughter of the deceased), (2) Pushpa Anil Khandare (Married Daughter of the deceased), (3) Lata Harihar Pol (Married Daughter ofthe deceased) and (4) Laxman Tanaji Sonavane (Son of the Deceased and the Petitioner herein), are the only heirs and Legal representative of the deceased.

(b) That issuance of Proclamation be dispensed with." 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)