Suvarna Sadanand Bane v. Sadanand Ram Bane Alias Bane Sadanand Ram- Deceased

1 45-MPT-232-2025-CORRECTED.doc Shailaja This order is corrected vide order dated 29.04.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 232 OF 2025 Suvarna Sadanand Bane and others ] Petitioners Sadanand Ram Bane alias ] Bane Sadanand Ram ] Deceased .....

Ms. Varsha Pramod Jadhav, for Petitioners.

CORAM :

ARIF S. DOCTOR, J.

rd APRIL, 2025.

DATE :

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 Sadanand Ram Bane alias Bane Sadanand Ram ('the deceased'), who died in Mumbai on 31 st December, 2023 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: 2025.05.03 13:43:23 +0530

2 45-MPT-232-2025-CORRECTED.doc 2.

The deceased left behind him surviving as his only heirs 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 7 of the Miscellaneous Petition. 4.

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. 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 be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that the Petitioners

3 45-MPT-232-2025-CORRECTED.doc abovenamed are the only legal heirs and representative of Deceased abovenamed".

7.

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

8.

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