Aruna Vinayak Moholkar v. Vinayak Nagesh Moholkar (Deceased)

1 28-MPT 78-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.78 OF 2025 Vinayak Nagesh Moholkar ... Deceased Aruna Vinayak Moholkar ... Petitioner ----- Mr. Prabhu Velar for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

04TH MARCH 2025 P.C. :

1.

Since all the other legal heirs have filed consent affidavits, issuance of proclamation is dispensed with.

2.

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 Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.03.05 11:33:39 +0530 MUGDHA MANOJ PARANJAPE one Vinayak Nagesh Moholkar ('the deceased'), who died in Thane on 20 th May 2017. 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 28-MPT 78-25.doc 3.

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.

4.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 5.

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

6.

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. 7.

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. 8.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :-

3 28-MPT 78-25.doc "a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that follows persons i.e. (1) Aruna Vinayak Moholkar (widow), (2) Prachi Amod Phadke (daughter), and (3) Amey Vinayak Moholkar (son) are the only surviving Class I Legal Heirs of the deceased abovenamed i.e., Vinayak Nagesh Moholkar."

9.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

10.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.)