Rita Ramesh Thapar v. Ramesh Manoharlal Thapar Alias Ramesh Manohar Lal Tahpar (Deceased)

1 26-MPT 75-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.75 OF 2025 Ramesh Manoharlal Thapar alias Ramesh Manohar Lal Thapar ... Deceased Rita Ramesh Thapar ... Petitioner ----- Mr. Tushar M. Pabale 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 Ramesh Manoharlal Thapar alias Ramesh Manohar Lal Thapar, ('the Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.03.05 11:33:40 +0530 deceased'), who died in Mumbai on 12 th June 2024. A copy of the death MUGDHA MANOJ PARANJAPE 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 26-MPT 75-25.doc 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 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 :-

3 26-MPT 75-25.doc "a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (I) Rita Ramesh Thapar (Widow of the Deceased and the Petitioner herein) and (2) Manasi Ramesh Thapar (Daughter of the deceased), 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.)