Pratik Sushil Gangavane v. Sushil Lalaji Gangavane (Deceased)

Digitally signed by MEERA MAHESH JADHAV Date:

2025.03.06 12:56:36 +0530 1/2 36-mpt-90-25.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO.90 OF 2025 Pratik Sushil Gangavane

...Petitioner

Sushil Lalaji Gangavane ...Deceased ---- Mr. Sameer Sawant 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 Sushil Lalaji Gangavane ('the deceased'), who died in Mumbai on 1 st February 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. The deceased left behind him surviving as his only heirs and next of kin according to Indian Succession Act, 1925, the persons mentioned in the table in paragraph 4 of the Petition.

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

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

The Petition has been duly verified by the Registry. No other Petition for Meera Jadhav

2/2 36-mpt-90-25.doc 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.

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)the Heirship Certificate be granted to certify that 1) Pratik Sushil Gangavane 2) Bhagyashree Sushil Gangavane and 3) Kartik Sushil Gangavane are the Legal Heirs of the said deceased Sushil Lalaji Gangavane under the Provisions of the Bombay Regulation Act, VIII of 1827;"

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with. The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.) Meera Jadhav