Sejal Naresh Sangani And ANR v. Bharti Nandlal Doshi (Deceased)

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 669 OF 2024 Bharti Nandlal Doshi ...Deceased Sejal Naresh Sangani & Anr

...Petitioners

Mr Manoj M Mane, for the Petitioners.

CORAM:

ARIF S. DOCTOR, J DATED:

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

The Petitioners seek the grant of a Legal Heirship Certificate by SHEPHALI SANJAY MORMARE Date: 2025.02.07 09:31:24 +0530 under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Bharti Nandlal Doshi ("the deceased"), who died in Mumbai on 1st May 2021. 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.

Since all the legal heirs are the Petitioners, the question of filing any Consent Affidavit does not arise 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 a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Sejal Naresh Sangani (Married14 Daughter of the deceased and the Petitioner No.1 herein) and (2) Meghna Nimesh Anandpara (Married Daughter of the deceased and the Petitioner No.2 herein), are the only heirs and Legal representatives ofthe 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)