Mansukh Manlal Chheda v. Manilal Gangji Shah Aka Chheda

M2.MPT.109.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 109 OF 2026 Manilal Gangji Shah aka Chheda .. Deceased Mansukh Manilal Chheda .. Petitioner ....................

 Ms. Urvashi Haryan i/b Mr. Jay Gala, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 26, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 26.03.2026. Perused the praecipe.

2.

Heard Ms. Haryan, learned Advocate for Petitioner. 3.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Manilal Gangji Shah aka Chheda. The names and details of legal heirs of the deceased are stated in paragraph No.5 of the Petition. Purpose for filing the present Petition is stated in paragraph No.9 of the Petition. I have perused the same.

4.

Consent affidavits dated 17.11.2026 of Vimlaben Manilal Shah, Meeta Atul Malde, Nitin Ramji Shah and Pratik Nitin Gorgi aka

M2.MPT.109.2026.doc Shah, the legal heirs are filed on record and appended at page Nos.24, 27, 30 and 33 of Petition.

5.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' which reads thus:- "a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that Mansukh Manilal Chheda (son of the deceased and the Petitioner herein), (1) Mrs. Vimlaben Manilal Shah being the wife of the deceased, (2) Mrs. Meeta Atul Malde being one of the married daughter of the deceased, (3) Mr. Nitin Ramji Shah being the Husband of late Mrs. Leena Shah aka Gogri (married daughter of the Deceased) and (4) Mr. Pratik Nitin Gogri aka Shah being the Son of late Mrs. Leena Shah aka Gogri (married daughter of the Deceased), are the only heirs and Legal representatives of the deceased."

6.

Issuance of proclamation stands dispensed with. 7.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 8.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.03.27 15:06:31 +0530 AJAY TRAMBAK UGALMUGALE