Meenaxi Jitendra Mistry v. Jitendra Manilal Mistry

M11.MPT.111.2026.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. 111 OF 2026 Jitendra Manilal Mistry .. Deceased Meenaxi Jitendra Mistry .. Petitioner ....................

 Ms. Aparna Wagle, Advocate for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 13, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 13.02.2026. Perused the praecipe.

2.

Heard Ms. Wagle, 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 Jitendra Manilal Mistry. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.10 of the Petition. I have perused the same.

4.

Consent affidavit dated 06.10.2025, 09.10.2025, 08.12.2025 of Jignesh Jitendra Pancholi, Manisha Kirtikumar Panchal, Meenaxi

M11.MPT.111.2026.doc Jitendra Mistry in the capacity as mother and natural guardian of differently abled (mentally disabled) son Nimesh Jitendra Pancholi, the legal heirs are filed on record and appended to the 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 clauses 'a' which reads thus:- "a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioners under the provisions of Bombay Regulation VII of 1827 certifying that the Petitioners mentioned in paragraph 4 being Meenaxi Jitendra Mistry, Manisha Kiritkumar Panchal, Jignesh Jitendra Pancholi and Nimesh Jitendra Pancholi above are the only heirs and Legal Representatives of the said 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. ] by AJAY TRAMBAK UGALMUGALE Date:

2026.02.17 11:14:37 +0530 Ajay AJAY TRAMBAK UGALMUGALE