Suniti Widow Of Jayant Karadkar v. Trimbak Laxman Karadkar Alias Trimbak

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 256 OF 2026 Trimbak Laxman Karadkar alias Trimbak .. Deceased Suniti Widow of Jayant Karadkar .. Petitioner ....................

 Mr. Krutik Veera h/f Mr. Rohan Sonawane, Advocates for Petitioner.

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CORAM

: MILIND N. JADHAV, J.

DATE : MAY 05, 2026 P.C.:

1.

Heard Mr. Veera, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Trimbak Laxman Karadkar alias Trimbak. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

3.

Consent affidavits dated 11.10.2025 of Samir Sharadchandra Virkar, Meenakshi Milind Hajare, Swachhand Chandrashekhar Pimple, Anand Jayant Karadkar and Swanand Jayant Karadkar, the legal heirs are filed on record and appended at page Nos. 44, 47, 50, 53 and 56 of Petition.

4.

There are 7 legal heirs. Petitioner is the widowed daughterin-law of the deceased. Son Vijay Trimbak Karadkar has not given consent. Hence the grant is for declaration of legal heirs and Heirship Certificate. Name of Vijay Trimbak Karadkar is included as legal heir. Therefore there cannot be any impediment to allow the Petition. 5.

By order dated 16.01.2026, proclamation was issued to the non-consenting legal heir who is son of the deceased. He has been duly served and appropriate Affidavit-of-Service has been filed dated 16.02.2026 which is shown to me and it is in order. No objection has been received from the said legal heir despite service. Department is directed to accept the same.

6.

Appropriate administration bond shall be filed to justify the surety of non-consenting legal heirs and shall be accepted as adequate by the Department.

7.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' which reads thus:- "a.

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that (1) Samir Sharadchandra Virkar (2) Meenakshi Milind Hajare (3) Swachhand Chandrashekhar Pimple (4) Suniti Widow of Jayant Karadkar (5) Anand Jayant Karadkar (6) Swanand Jayant Karadkar and (7) Vijay Trimbak Karadkar, as mentioned in para no.4 herein above, are the only heirs and legal representatives of the deceased." 8.

Issuance of proclamation stands dispensed with.

9.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 10.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2026.05.07 12:05:05 +0530 HARSHADA HANUMANT SAWANT