Dulari Anant Gosavi v. Neela Anant Gosavi Alias Neela A Gosavi (Deceased)

1 62-MPT 91-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO.91 OF 2025 Neela Anant Gosavi alias Neela A. Gosavi ... Deceased Dulari Anant Gosavi ... Petitioner ----- Mr. A. G. Pradhan for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

28TH APRIL 2025 P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.04.29 10:28:39 +0530 the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of MUGDHA MANOJ PARANJAPE one Neela Anant Gosavi alias Neela A. Gosavi ('the deceased'), who died in Mumbai on 27 th October 2024. 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.

The Petitioner is the sole legal heir of the deceased according to Hindu Succession Act, 1956.

2 62-MPT 91-25.doc 3.

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

As the Petitioner is the sole legal heir of the deceased, the question of filing any consent affidavit does not arise. 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 clause (a), which reads as under :- "a.

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner herein above is the only heir and legal representative of the deceased."

3 62-MPT 91-25.doc 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.)