Vijaya Jayanand Kumbhar v. Ganpat Babu Kumbhar
1 35-MPT 279-25.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.279 OF 2025 Ganpat Babu Kumbhar ... Deceased Vijaya Jayanand Kumbhar ... Petitioner ......
Mr. Narendra Ramchandra Musale, for Petitioner. ......
CORAM :
ARIF S. DOCTOR, J.
DATE :
07TH MAY 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 Ganpat Babu Kumbar ('the deceased'), who died in Kolhapur on 30 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 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.
SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.05.09 14:59:25 +0530
2 35-MPT 279-25.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 7 of the Miscellaneous Petition. 4.
The other legal heirs of the deceased have filed consent affidavits, which are annexed to the Petition.
5.
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. 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) This Hon 'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner as mentioned herein above under the provision of Bombay Regulation Vlll of 1827 certifying that the petitioner is the legal heir/representative of the said deceased".
3 35-MPT 279-25.doc 8.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same. Issuance of proclamation is dispensed with.
9.
The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]