Divyprakash Vedprakash Shrivastava v. Vedprakash Govindprakash Shrivastava

1 17-MPT 250-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.250 OF 2025 Vedprakash Govindprakash Shrivastava ... Deceased Divyaprakash Vedprakash Shrivastava ... Petitioner ----- Adv. Meezan Patel for the Petitioner.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

30TH 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 Vedprakash Govindprakash Shrivastava ('the deceased'), who died at Mumbai on 06.12.2024. 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 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

2 17-MPT 250-25.doc set out in paragraph 8 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 clauses (a) and (b) which read as under :- " a. Legal Heirship Certificate of the Deceased be issued under the provision of the Bombay Regulation VIII of 1827, certifying that Divyprakash Vedprakash Shrivastava (son of the Deceased abovenamed and the Petitioner herein) is one of the heir and legal representative of the Deceased in respect of the immovable properties as mentioned at Sr. Nos.1, 2, 3 and 4 and the bank accounts and credits as mentioned at Sr.No.5 in Schedule of Properties, annexed to the Petition at Exhibit -"E".

b. That issuance of proclamation be dispend with."

3 17-MPT 250-25.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.)