Daksha Dhirajlal Thakkar v. Dhirubhai N Thakkar Alias Rawani Alias Dhirajlal Narsidas Thakkar Alias Dhirajlal Narsidas Ravani A

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.313 OF 2025 Dhirubhai N. Thakkar alias Rawani alias Dhirajlal Narsidas Thakkar alias Dhirajlal Narsidas Ravani alias Dhirajlal Narshidas Thakkar ... Deceased Daksha Dhirajlal Thakkar ... Petitioner ______________________ Mr. Uttam Rane for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 27th 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 Dhirubhai N. Thakkar alias Rawani alias Dhirajlal Narsidas Thakkar alias Dhirajlal Narsidas Ravani alias Dhirajlal Narshidas Thakkar ("the deceased"). 2.

The deceased expired at Mumbai on or about 21st February 1986. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.07 13:06:50 +0530 SUMEDH NAMDEO SONAWANE

3.

The deceased died intestate. The deceased left behind him his wife, son and two married daughters as legal heirs and next of kin, in accordance with Section 8(a) of the Hindu Succession Act.1956, as specifically set out in paragraph No.4 of the Petition.

4.

Learned Advocate Mr. Rane for the Petitioner submits that the Legal Heirship Certificate is sought to transfer the property and credits standing in the name of the deceased to the names of the legal heirs as specifically set out in paragraph No.8.

5.

He submitted that, the son and two married daughters of the deceased have given their consent affidavits in favour of the Petitioner that are annexed as Exhibit 'D' to the Petition.

6.

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

7.

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

"a) That Legal Heirship Certificate in the form of Appendix of the Bombay Regulation VIII of 1827 be

granted to the Petitioner i.e. (1) DAKSHA DHIRAJLAL THAKKAR and legal heirs ie. (2) CHETAN DHIRAJLAL THAKKAR, (3) VAISHALI DHIRAJLAL RAVANI and (4) VANDANA BIMAL KOTAK declaring that legal heirs of the Deceased Late DHIRUBHAI N. THAKKAR alias RAWANI alias DHIRAJLAL NARSIDAS THAKKAR alias DHIRAJLAL NARSIDAS RAVANI alias DHIRAJLAL NARSHIDAS THAKKAR and to entitle estate of the deceased which is more particularly mentioned in the Schedule - I herein at Exhibit "C" to the present petition."

8.

The Petitioner shall compensate any party who is prejudiced or affected by passing of this Order. 9.

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

(Kamal Khata, J.)