Gauri Madhav Bhave And ANR v. Mangala Bapurao Modak (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.04.24 12:41:08 +0530 MULEY SHUBHAM PRAVINRAO 1 19-MPT-160-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 160 OF 2025 Gauri Madhav Bhave & Anr.

...Petitioners

Mangala Bapurao Modak ...Deceased ----------------- Adv. Sulbha Chipade for the Petitioners.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 27TH MARCH, 2025 P.C.:- 1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Mangala Bapurao Modak ('the deceased'), who died at Mumbai on 19 th April, 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 deceased left behind her surviving the Petitioners as her only heirs and next of kin according to Hindu Succession Act, 1956. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 8 of the Miscellaneous Petition. This order is corrected pursuant to speaking to the minutes order dated 22 nd April, 2025.

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2 19-MPT-160-2025.doc 4.

The Registry has duly verified the Petition. 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.

5.

I have heard the learned Counsel appearing on behalf of the Petitioners 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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " (a)That a Legal Heirship Certificate of the deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Gauri Madhav Bhave (Married Daughter of the Deceased and the Petitioner No.1 herein) and (2) Sangeeta Mohan Sane (Married Daughter of the Deceased and the Petitioner No.2 herein), are the only heirs and Legal Representative of the Deceased abovenamed."

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

8.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.) This order is corrected pursuant to speaking to the minutes order dated 22 nd April, 2025.

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