Manohar Mahadeo Padelkar v. Shubhangi Mahadev Padelkar Alias S M Padelkar (Deceased)

1 34-MPT 238-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.238 OF 2025 Shubhangi Mahadev Padelkar alias S. M. Padelkar ... Deceased Manohar Mahadeo Padelkar ... Petitioner ----- Adv. Prabhu Velar with Vilas Kadu for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

24TH APRIL 2025 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 Shubhangi Mahadev Padelkar alias S. M. Padelkar ('the deceased'), who died at Mumbai on 18.11.2024. 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.

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

2 34-MPT 238-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.

The Registry has duly verified the Petition. 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 to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the petitioners viz. MANOHAR MAHADEO PADELKAR son, is the only surviving Class-I legal heir and Legal representative of the deceased viz. SHUBHANGI MAHADEO PADELKAR alias S. M. PADELKAR"

3 34-MPT 238-25.doc 8.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

9.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)