Samrat Kiran Hirve v. Shailaja Vasant Hirve
1 33-MPT 277-25.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.277 OF 2025 Shailaja Vasant Hirve ... Deceased Samrat Kiran Hirve and another ... Petitioners ......
Mr. Govind Bhagwanrao Solanke, for Petitioners. .....
CORAM :
ARIF S. DOCTOR, J.
DATE :
07TH MAY 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 Shailaja Vasant Hirve ('the deceased'), who died in Thane on 6 th May, 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.
SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.05.09 14:00:27 +0530
2 33-MPT 277-25.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.
The Petition has been duly verified by the Registry. 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 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. 6.
The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- a) This Hon'ble Court may be pleased to grant Legal Heirship Certificate thereby certifying that the Petitioners viz. (i) Samrat Kiran Hirve and (ii) Manali Kiran Hirve are recognized as the legal heirs and representatives of Shailaja Vasant Hirve, the Deceased above named" 7.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
3 33-MPT 277-25.doc 8.
The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]