Gunlaxmi Bharat Jain v. Late Bharat Alias Bharatkumar Bhagwanmal Jain Since Deceased

1 47-MPT 291-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.291 OF 2025 Bharat alias Bharatkumar Bhagwanmal Jain ... Deceased Gunlaxmi Bharat Jain ... Petitioner .....

Ms. Sujata Babar 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 Bharat alias Bharatkumar Bhagwanmal Jain ('the deceased'), who died in Mumbai on 16 th May, 2021. 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 14:00:28 +0530

2 47-MPT 291-25.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.

The other legal heirs of the deceased have filed joint consent affidavit, which is 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) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. GUNLAXMI BHARAT JAIN, her Son DRAVIT BHARAT JAIN and her married Daughter SRISHTY JUBIN KUMAR JAIN are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827".

3 47-MPT 291-25.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.]