Kalavati K Prabhu v. Kamalaksha Gopal Prabhu (Deceased)

1 25-MPT 74-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.74 OF 2025 Kamalaksha Gopal Prabhu S/o. Gopal Prabhu ... Deceased Kalavati K. Prabhu ... Petitioner ----- Ms. Krutika Valanju h/f Sunilraja Nadar for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

04TH 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 Kamalaksha Gopal Prabhu S/o. Gopal Prabhu ('the deceased'), who died in Mumbai on 10 th January 2025. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.03.05 11:33:39 +0530 MUGDHA MANOJ PARANJAPE 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.

2 25-MPT 74-25.doc 3.

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

The other legal heir of the deceased has filed consent affidavit, which is 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 as under :- "a)That a Legal Heirship Certificate be issued under the provision of the Bombay Regulation Act VIII of 1827, Certifying that Kalavati K Prabhu (being the widow of the Deceased and the Petitioner herein), Veena Shailesh Pai (Married Daughter of the deceased),

3 25-MPT 74-25.doc are the only heirs and Legal Representatives of the Deceased abovenamed.

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.)