Philip John v. John Philip Alias Pullantra John Philip (Deceased)

1 14-MPT 247-25-modified.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.247 OF 2025 John Philip alias Pullantra John Philip ... Deceased Philip John & Ors.

... Petitioners ----- Adv. Sneha Prakash Sonawane i/b Chacko Joseph for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

30TH APRIL 2025 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 John Philip alias Pullantra John Philip ('the deceased'), who died at Mumbai on 02.06.2005. 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 Indian Succession Act, 1925, 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 8 of the Miscellaneous Petition. Note: This order is modified/corrected as per order dated 24 th June, 2025.

Ajit

2 14-MPT 247-25-modified.doc 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 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. Legal Heirship Certificate certifying that the Petitioners are the heirs and legal representatives of the said deceased under the provisions of Bombay Regulation Act VIII of 1827"

7.

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

8.

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

(ARIF S. DOCTOR, J.) Note: This order is modified/corrected as per order dated 24 th June, 2025.

Ajit