Abhay Vinodchandra Shah v. Vinodchandra Nathalal Shah (Deceased)

Digitally signed by MEERA MAHESH JADHAV Date:

2025.03.06 12:56:37 +0530 1/2 28-mpt-82-25.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO.82 OF 2025 Abhay Vinodchandra Shah

...Petitioner

Vinodchandra Nathalal Shah ...Deceased ---- Ms Ankita Phatak for Petitioner.

---- CORAM : ARIF S. DOCTOR, J.

th MARCH 2025 DATED : 5 P.C. :

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 Vinodchandra Nathalal Shah ('the deceased'), who died in Mumbai on 10 th April 2021. 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. The Petitioner is the sole legal heir and next of kin according to Hindu Succession Act, 1956.

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

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 Meera Jadhav

2/2 28-mpt-82-25.doc no impediment in law to the grant of relief.

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.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " (a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that, Abhay Vinodchandra Shah (Son of the Deceased and the Petitioner herein) is the only heir and Legal representative of the deceased."

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

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