Dakshata Dilip Shirke v. Dilip Tulshiram Shirke Alias Dilip T Shirke Alias Dilip Shirke Boudha (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.03.04 17:47:58 +0530 MULEY SHUBHAM PRAVINRAO 1 22-MPT-71-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 71 OF 2025 Dakshata Dilip Shirke

...Petitioner

Dilip Tulshiram Shirke alias Dilip T Shirke alias Dilip Shirke Boudha ...Deceased ----------------- Ms. Jyoti Badgujar i/by Lakdawala and Company for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 4TH 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 one Dilip Tulshiram Shirke alias Dilip T. Shirke alias Dilip Shirke ('the deceased'), who died at Mumbai on 28 th April, 2023. 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.

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2 22-MPT-71-2025.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.

5.

The Registry has duly verified the Petition. 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. That a Legal Heirship Certificate be granted in favour of Petitioner along with heirs mentioned in Para 4 above certifying them as legal heirs / representative of the said Deceased under the Provision of Bombay Regulation Act, VIII of 1827"

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3 22-MPT-71-2025.doc 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

9.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.) 3/3