Harshada Arun Marathe v. Arun Alias Arvind Narayan Marathe
24-MPT-293-2025.DOC 2025:BHC-OS:13492 Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.293 OF 2025 Harshada Arun Marathe ... Petitioners v/s.
Arun alias Arvind Narayan Marathe ... Respondent (Deceased) ________________________ Mr. Rohit P. Mahadik for the Petitioner.
________________________
CORAM
: Kamal Khata, J.
DATED : 29th July 2025.
P.C.:- 1.
The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of one Arun alias Arvind Narayan Marathe and Dipika Arun alias Arvind Marathe".
2.
The Petitioner's Father Arun alias Arvind Narayan Marathe expired on 29th December 2020 and her mother Dipika Arun alias Arvind Marathe expired on 3rd May, 2024. 3.
Mr. Mahadik, learned Advocate for the Petitioner, submits that the Petitioner is the sole legal heir and next of kin of the deceased as specifically set out in paragraph No. 5 of the Petition.
This order is corrected pursuant to speaking to minutes order dated 8th August, 2025.
24-MPT-293-2025.DOC 4.
He further submits that Legal Heirship Certificate is sought for incorporating the name of the Petitioner in the 7/12 extract of the land belonging to the deceased mother Dipika Arun alias Arvind Marathe. It is also submitted that, as the Petitioner is the sole legal heir, there is no requirement to file any consent affidavit or issue proclamation. 5.
In view of the aforesaid submissions and the material placed on record, I find no impediment in allowing Petition. The Petition is allowed.
6.
The requirement of proclamation is dispensed with. 7.
The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order. 8.
Petition is made absolute in terms of prayer clause (a). (Kamal Khata, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 14/08/2025 16:29:16 This order is corrected pursuant to speaking to minutes order dated 8th August, 2025.