Vishal Vinayak Murkute And ANR v. Asha Vinayak Murkute (Deceased)

1 23-MPT 206-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.206 OF 2025 Asha Vinayak Murkute ... Deceased Vishal Vinayak Murkute and another ... Petitioners ......

Mr. Vaibhav Jagdale, for Petitioners.

......

CORAM :

ARIF S. DOCTOR, J.

DATE :

17TH APRIL 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 Asha Vinayak Murkute ('the deceased'), who died in Mumbai on 1 st 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.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.21 15:17:27 +0530

2 23-MPT 206-25.doc 2.

The deceased left behind her surviving as her only heir and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition. 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition. 4.

The petitioners are the only legal heirs of the deceased as per the Hindu Succession Act, 1956.

5.

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. 6.

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.

3 23-MPT 206-25.doc 7.

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 Petitioners namely Vishal Vinayak Murkute and Vaibhav Vinayak Murkute are the only heirs and legal representative of the said deceased be issued under the Provisions of Bombay Regulation Act VIII of 1827".

8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.

9.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]