Deepak Laxmikant Thakkar v. Madhuri Laxmikant Thakkar Alias Madhu Laxmikant Thakkar (Deceased)

20-OSMPT-674-2024.DOC apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.674 OF 2024 Deepak Laxmikant Thakkar

...Petitioner

And Madhuri Laxmikant Thakkar alias Madhu Laxmikant Thakkar ...Deceased ______________________ Adv. Udayan J., a/w Adv. A. Arora for the Petitioner. ________________________

CORAM

: Kamal Khata, J.

DATED : 24th July 2025.

Digitally signed by ASHWINI H GAJAKOSH Date:

2025.07.30 19:34:02 +0530 ASHWINI GAJAKOSH P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Madhuri Laxmikant Thakkar alias Madhu Laxmikant Thakkar ('the deceased').

2.

The deceased expired at Mumbai on 16th March, 2013. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate. The legal heirs of the deceased, mentioned in paragraph No. 4 of the Petition, are her only surviving legal heirs and next-of-kin in terms of Section 15 (a) of the Hindu Succession Act, 1956.

20-OSMPT-674-2024.DOC 4.

Learned Advocate Mr. Udayan further submits that Legal Heirship Certificate is sought to declare the Petitioner as the legal heirs and to facilitate transfer of immovable properties mentioned in Schedule - I of the Petition. 5.

In view of the aforesaid submissions and the material placed on record, I see no impediment in allowing the Petition. The Petition is allowed.

6.

The requirement of proclamation is dispensed with. 7.

The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order. 8.

Petition is made absolute in terms of prayer clauses (a) and (b) which read as follows:

"(a) That a Legal Heirship Certificate be issued under the provisions of Bombay Regulation Act VIII of 1827 Certifying that MR. DEEPAK LAXMIKANT THAKKAR (son of the deceased and Petitioner herein) is the only heir and Legal representative of the Deceased;

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

9.

All concerned to act on an authenticated copy of this Order.

(Kamal Khata, J.)