Sairaj Prakash Shetty v. Sujatha Prakash Shetty (Deceased)

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.182 OF 2025 Sujatha Prakash Shetty ... Deceased Sairaj Prakash Shetty ... Petitioner ______________________ Ms. Shradha Worlikar for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 27th June 2025.

P.C.:- 1.

The Petitioner seeks grant of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Sujatha Prakash Shetty ("the deceased").

2.

The deceased expired at Mumbai on or about 15th May 2021. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate leaving behind, her husband and two sons as her only legal heirs and next of kin Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.07 13:06:49 +0530 SUMEDH NAMDEO SONAWANE

in accordance with section 15 (a) of Hindu Succession Act, 1956, as specifically set out in paragraph No.3 of the Petition. 4.

Learned Advocate Ms. Worlikar for the Petitioner submits that the Legal Heirship Certificate is required to update the names of the legal heirs in the land records as entitled to under the settlement deed dated 25th May 2004 as set out in paragraph No.7 and annexed as Exhibit "C". It is also submitted that, the husband and elder son of the deceased have given their consent affidavits in favour of the Petitioner hereto annexed to the Petition at Exhibit 'D' and Exhibit 'E' to the Petition.

5.

In view of the aforesaid submissions, and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with.

6.

The Petitioner undertakes to compensate any party who is prejudiced or affected by passing of this Order. 7.

Petition is made absolute in terms of prayer clause (a) which reads as follows:

"a) the Legal Heirship Certificate be granted in favour of the Petitioner alongwith the other person whose names are set out in the table in paragraph no. 4 above and the Petitioner be declared as the

legal heir and legal representative of the Deceased Sujatha Prakash Shetty under the provisions of the Bombay Regulations Act VIII of 1827;"

8.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)