Chhaya Rohidas Pawar v. Late Rohidas Ballu Pawar (Deceased)

1 35-MPT 239-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.239 OF 2025 Rohidas Ballu Pawar ... Deceased Chhaya Rohidas Pawar ... Petitioner ----- Adv. Tukaram Shendge 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 Rohidas Ballu Pawar ('the deceased'), who died at Mumbai on 13.01.2021. 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 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.

2 35-MPT 239-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.

5.

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.

6.

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. 7.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a. This Hon'ble Court may issue the Legal Heirship Certificate thereby certifying the Petitioner along with the heirs as mentioned in Para No. 4 as the only recognized legal heirs and representative of the deceased."

3 35-MPT 239-25.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.)