Sachin Baburav Tejam Alias Sachin Baburao Tejam v. Laxmibai Babu Tejam Alias Laxmibai Baburao Tejam

sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.317 OF 2025 Laxmibai Babu Tejam alias Laxmibai Baburao Tejam ... Deceased Sachin Baburav Tejam alias Sachin Baburao Tejam ... Petitioner ______________________ Mr. Ajit Hodage for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 27th June 2025.

P.C.:- 1.

The Petitioner seeks grant of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Laxmibai Babu Tejam alias Laxmibai Baburao Tejam ("the deceased").

2.

The deceased expired at Mumbai on or about 21st June 2020. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.07 13:06:49 +0530 SUMEDH NAMDEO SONAWANE

3.

The deceased died intestate, leaving behind a son and three daughters as her only legal heirs and next of kin in accordance with Section 15(a) of Hindu Succession Act, 1956, as specifically set out in paragraph No.4 of the Petition. Her husband had predeceased her on 8th September 1972. 4.

The Learned Advocate, Mr. Hodage, for the Petitioner, submits that the three daughters have filed a joint affidavit granting consent in favour of the Petitioner, which is annexed as Exhibit 'G' to the Petition. The Petitioner seeks a Legal Heirship Certificate for the purpose of effecting a change of name in the Share Certificate of the Co-operative Housing Society, as detailed in paragraphs 7 & 8 of the Petition. 5.

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

6.

Petition is made absolute in terms of prayer clauses (a) and (b) which read as follows:

"(a) This Hon'ble Court be pleased to condone the delay in filing the Misc. Petition;

(b) This Hon'ble Court be pleased to issue Legal Heirship Ce1tificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith the heirs

mentioned in Para 4 hereinabove viz. Anjana Dnyandev Ardalkar NEE Anjana Baburao Tejam, Malan Datta Magdum NEE Malan Baburao Tejam and Shalan Shivaji Ugade NEE Shalan Baburao Tejam are the only heirs and legal representatives of the said Deceased;"

7.

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

(Kamal Khata, J.)