Ramgopal Gulabchand Somani v. Sampurna Ramgopal Somani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 279 OF 2026 Digitally signed by AMOL PREMNATH JADHAV Date:

2026.06.15 19:38:42 +0530 AMOL PREMNATH JADHAV Ramgopal Gulabchand Somani & Ors.

..

Petitioners Sampurna Ramgopal Somani ..

Deceased ______________________________________ Ms. Arya Ambre i/b N. M. Shimpi for Petitioners. _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

12th JUNE 2026 P.C.:

1.

Heard Ms. Arya Ambre, learned Counsel for the Petitioners. 2.

By this petition filed under the provisions of Bombay Regulation VIII of 1827, the Petitioners seek issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. 3.

The deceased was the wife of Petitioner no. 1 and the mother of Petitioner nos. 2 to 5. The deceased expired on 6th September 2006. A copy of her death certificate is annexed to the petition. It is stated that at the time of her death, the deceased was residing and had a fixed place of abode at Flat no. 18, Smita Building, R. B. Mehta Road, Ghatkopar (East), Mumbai 400 077. It is also stated that the deceased died intestate without leaving behind any testamentary writing or Will.

4.

In paragraph 6 of the petition, the Petitioners have given details of the surviving legal heirs of the deceased, i.e. husband (Petitioner no. 1), one son (Petitioner no. 2) and three daughters (Petitioner nos. 3 to 5). It is stated that the deceased had no other legal heirs at the time of her death.

5.

The deceased is stated to have owned two immovable properties, whose details/description are given in Exhibit-G which is annexed to the petition. The details of the two immovable properties are set out hereunder:

(1) Old Flat No. 9/2nd Floor in the Building known as "Smita" now newly redeveloped as Flat No. 403, on 4th Floor, in newly constructed building in "Smita Nagar Co Op Hsg Soc Ltd" at Smita Nagar, R B Mehta Marg, Ghatkopar (East) Mumbai - 400 077.

(2) Old Flat No. 18 in the building known as "Smita" now newly redeveloped as Flat No. 803 on 8th Floor in newly constructed building in "Smita Nagar Co Op Hsg Soc Ltd" at Smita Nagar, R B Mehta Marg, Ghatkopar (East) Mumbai - 400 077. 6.

It is stated that the legal heirship certificate is required since the Petitioners are desirous of selling the above properties. It is stated that no other petition for heirship certificate, succession certificate, probate or letters of administration with or without Will annexed has

been filed. There is, therefore no impediment to the grant of relief. 7.

In view of the material placed on record, petition is accepted and the petition is allowed in terms of prayer clause (b) which reads thus: "(b) That a legal heirship certificate be issued under the provisions of Bombay Regulation VIII of 1827, certifying that the Petitioners above named are the legal heirs and representatives of the deceased above named."

8.

Petition is disposed of in terms of the above order with no order as to costs.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil