Amol Dattatray Jadhav v. Dattatray Tukaram Jadhav (Deceased)

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.274 OF 2025 Dattatray Tukaram Jadhav ...Deceased Amol Dattatray Jadhav

...Petitioner

Ms Megha Jani, a/w. Vinayak Salokhe for the Petitioner.

CORAM

Kamal Khata, J.

DATED:

13th June 2025.

PC:- 1.

This Petition seeks the issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of the following heirs of the deceased, who passed away in Mumbai on 8th November 2024:

(1) Smt. Usha Dattatray Jadhav (widow),

(2) Sau. Sangeeta Ganesh Gole (married daughter),

(3) Sau. Pooja Suhas Sawant (married daughter), and

(4) Mr. Amol Dattatray Jadhav (son).

A copy of the deceased's death certificate is annexed to the Petition as Exhibit 'A'.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.06.20 15:37:24 +0530 SUMEDH NAMDEO SONAWANE

2.

Learned Advocate Ms. Jani for the Petitioner submits that the names of the legal heirs and next of kin, as required under Section 15(a) of the Hindu Succession Act, 1956, are stated in paragraph 4 of the Petition. She further submits that the reasons for seeking the Legal Heirship Certificate are detailed in paragraph 8 of the Petition.

3.

It is brought to the attention of this Court that all other legal heirs of the deceased, namely two married sisters and one son of the Petitioner, have filed Affidavits of Consent, which this Court has perused.

4.

In view of the above submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is hereby dispensed with.

5.

The Petition is made absolute in terms of prayer clauses (a) and (b), which read as follows:

"(a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 that (1) Smt. Usha Dattatray Jadhav (Widow of the deceased), (2) Sau. Sangeeta Ganesh Gole (married daughter of the deceased), (3) Sau.

Pooja Suhas Sawant (Married Daughter of the deceased and petitioner) and (3) Amol dattatray Jadhav (Son of the deceased), are the only heirs and Legal representative of the deceased.

(b) That issuance of Proclation be dispensed with."

6.

All concerned shall act on the basis of an authenticated copy of this order.

(Kamal Khata, J.)