Lalita Kishor Koli And ANR v. Kishor Dayalal Koli Alias Kishor Daya Koli (Deceased)

23-MPT-211-2025.DOC 2025:BHC-OS:12579 Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.211 OF 2025 Lalita Kishor Koli And Anr ... Petitioners v/s.

Kishor Dayalal Koli alias Kishor Daya Koli (Deceased ) ... Respondent ______________________ Mr. Braphu Velar a/w Shivam Gupta i/by Rajkumar Kharwar for the Petitioners.

________________________

CORAM

: Kamal Khata, J.

DATED : 28th July 2025.

P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of the deceased Kishor Dayalal Koli alias Kishor Daya Koli.

2.

The deceased died intestate at Mumbai on or about 28th July 2023. The Petitioners are the only legal heirs and next of kin surviving the deceased, as specifically set out in paragraph no. 4 of the Petition.

23-MPT-211-2025.DOC 3.

Learned Advocate Mr. Velar for the Petitioners submits that the Legal Heirship Certificate is sought by Petitioners for the reasons specifically set out in Paragraph no. 6 of the Petition. The daughter being the only other heir of the deceased has submitted a consent affidavit dated 4th January, 2025 that is annexed as Exhibit 'G' to the Petition. 4.

In view of the aforesaid submissions and the material placed on record, I find no impediment in allowing the Petition. The Petition is allowed.

5.

The requirement of proclamation is dispensed with. 6.

The Petitioners shall compensate any party who is prejudiced or affected by passing of this Order. 7.

Petition is made absolute in terms of prayer clauses (a). (Kamal Khata, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 04/08/2025 10:51:22