Madhuri Prabhakar Dalvi v. Mahadeo Ramchandra Karne (Deceased)

Digitally signed by MEERA MAHESH JADHAV Date:

2025.04.09 18:45:16 +0530 MEERA MAHESH JADHAV 1 37-MPT-127-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 127 OF 2025 Madhuri Prabhakar Dalvi

...Petitioner

Mahadeo Ramchandra Karne ...Deceased ----- Mrs. Asha P. Nair for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

th APRIL, 2025 DATE :

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 Mahadeo Ramchandra Karne ('the deceased'), who died at Thane on 18 th July, 2018. 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, 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 Meera Jadhav

2 37-MPT-127-2025.doc in paragraph 7 of the Miscellaneous Petition. The legal heirs of the deceased have filed consent affidavits, which are annexed to the 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 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). That a Legal Heirship Certificate Certifying that the heirs mentioned in Para 4 above viz. Padmaja Shyam Pawar, Madhuri Prabhakar Dalvi (Petitioner), Chetan Ramesh Karne, and Vedant Ramesh Karne, being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act, 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