Pushpa Suresh Hira v. Late Mr Rohit Suresh Hira Deceased
46-MPT-233-2025.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.233 OF 2025 Pushpa Suresh Hira ] Petitioner Rohit Suresh Hira ] Deceased .....
Mr. Jayant Wani i/b Mr. Nazish Sayed, for Petitioner. .....
CORAM : ARIF S. DOCTOR, J.
rd APRIL, 2025.
DATE : 23 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 Rohit Suresh Hira ('the deceased'), who died in Pune on 20 th 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.
2.
Petitioner being the mother of the deceased is the sole legal heir under the provisions of the Hindu Succession Act, 1956. 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 8 of the Miscellaneous Petition. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.04.24 17:12:01 +0530
46-MPT-233-2025.doc 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 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) "This Hon'ble Court be pleased to issue a Legal Heirship Certificate of the said Deceased Mr. Rohit Suresh Hira in favour of the Petitioner herein under the provisions of Bombay Regulation VIII of 1827 as his heirs and legal representatives".
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.]