Anish Kantilal Chandarana And 2 ORS v. Priti Anish Chandarana (Deceased)

by MEERA MAHESH JADHAV Date:

2025.03.13 12:00:02 +0530 MEERA MAHESH JADHAV 1/2 26-mpt-107-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO.107 OF 2025 Priti Anish Chandarana ...Deceased Anish Kantilal Chandarana & Ors.

..Petitioners ---- Mr. Solanke Shyamsunder Udhavrao for Petitioners. ---- CORAM : ARIF S. DOCTOR, J.

th MARCH 2025 DATED : 12 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 Priti Anish Chandarana ('the deceased'), who died at Mumbai on 20 th February 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. The Petitioners are the only legal heir and next of kin according to Hindu Succession Act, 1956, therefore, question of filing consent affidavit does not arise. The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 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 26-mpt-107-25.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) This Hon'ble Court may be pleased to grant Legal Heirship Certificate thereby certifying that the Petitioners viz. (i) Anish Kantilal Chandarana, (ii) Jigar Anish Chandarana and (iii) Ishwari Anish Chandarana are recognized as the legal heirs and representatives of Priti Anish Chandarana, the Deceased above;

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