Rahul Chandrakant Dhone v. Anjani Chandrakant Dhone (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 181 OF 2025 Rahul Chandrakant Dhone

...Petitioner

Anjani Chandrakant Dhone ...Deceased ----- Mr. Manoj M. Mane for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

nd APRIL, 2025 DATE :

P.C. :

1.

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 Anjani Chandrakant Dhone ('the deceased'), who died at Badlapur on 26.01.2011. 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 the Petitioner surviving as her only heir and next of kin according to Hindu Succession Act, 1956.

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 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 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. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a. That a Legal HeirshipCertificate be issued under the provision of Bombay Regulation Act VIII of 1827Certifying that Rahul Chandrakant Dhone (Son of the deceased and the Petitioner herein), is the only heir and Legal representative of the deceased."

7.

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

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

(ARIF S. DOCTOR, J.)