Jitendra Dattaray Desai v. Prakash Laxman Dalvi

14-MPT-299-2025.DOC sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 299 OF 2025 Prakash Laxman Dalvi ... Deceased Jitendra Dattaray Desai ... Petitioner ______________________ Mr. Raghunath S. Gawde for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 24th June 2025.

P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Prakash Laxman Dalvi ("the deceased").

2.

The deceased passed away in Mumbai on or about 7th October 2019. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate. It is stated that the Petitioner is the only legal heir and no other legal heirs or next-of-kin left of the deceased.

SUMEDH NAMDEO SONAWANE SUMEDH NAMDEO SONAWANE Date: 2025.07.01 15:21:32 +0530

14-MPT-299-2025.DOC 4.

In view of the aforesaid submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with. Learned counsel for the petitioner on instructions submits that Petitioner will compensate any party who is prejudiced or affected by passing of this Order.

5.

Petition is made absolute in terms of prayer clause (a) which reads as follows:

"a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Jitendra Dattatray Desai (Nephew of the deceased and the Petitioner herein) is the only heirs and Legal representatives of the deceased."

6.

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

(Kamal Khata, J.)