Kirit Ravji Nagda v. Damayanti Ravji Nagda

1 25-MPT 258-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.258 OF 2025 Damayanti Ravji Nagda ... Deceased Kirit Ravji Nagda ... Petitioner ----- Adv. Pratiksha Babar 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 Damayanti Ravji Nagda ('the deceased'), who died at Mumbai on 19 th October, 2022. 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.

3.

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

2 25-MPT 258-25.doc 4.

The other legal heirs of the deceased have filed consent affidavit, which is 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. That Legal Heirship Certificate be issued Certifying that the Petitioner viz. KIRIT RAVJI NAGDA and his two Sisters KALPANA JAYESH DEDHIA and PREMAL MANISH VISARIYA are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827."

8.

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

3 25-MPT 258-25.doc 9.

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

(ARIF S. DOCTOR, J.)