Archana Udiaver v. Shobhana Udiaver (Deceased)

17-MPT-281-2025.DOCX sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.281 OF 2025 Archana Ramkrishna Udaiver ... Petitioner Shobhana Udaiver ...Deceased ______________________ Mr. Dhruv Mishra i/by Mr. Rajesh Kothari & Co. for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 13th June 2025.

P.C.:- 1.

This Petition seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Shobhana Ramkrishna Udaiver ("the deceased"), who passed away at Pune on 26th March 2008. A copy of the death certificate is annexed to the Petition as Exhibit 'A'. It is stated that the deceased died intestate, and that her husband predeceased her.

2.

Learned Advocate Mr. Kothari for the Petitioner submits that the names of the heirs and next of kin, as per Section 15(a) of the Hindu Succession Act, 1956, are set out by SANDHYA BHAGU WADHWA Date: 2025.06.17 14:51:15 +0530 SANDHYA BHAGU WADHWA

17-MPT-281-2025.DOCX in paragraph No. 3 of the Petition. He further submits that the reason for which the Legal Heirship Certificate is sought is set out in paragraph No. 6. It is submitted that the Petitioner is the sole legal heir of the deceased and, accordingly, there is no requirement to file any consent affidavit.

3.

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

4.

Petition is made absolute in terms of prayer clause (a). 5.

All concerned to act on an authenticated copy of this order.

(Kamal Khata, J.)