Ulhas Venkatesh Hegde v. Venkatesh Achute Alias Achyut Hegde

08.MPT.344.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.344 OF 2025 Venkatesh Achute alias Achyut Hegde .. Deceased Ulhas Venkatesh Hegde .. Petitioner ....................

 Ms. Sujata R. Babar for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Ms. Babar, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Venkatesh Achute alias Achyut Hegde. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.9 of the Petition. I have perused the same.

3.

Joint consent affidavit dated 18.05.2025 of (1)Uday Venkatesh Hegde, (2)Suresh Venkatesh Hegde and (3)Sunil Venkatesh Hegde the legal heirs are filed on record and appended at page No.37 of Petition.

08.MPT.344.2025.doc 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses '(a)', '(b)' and '(c)' which read thus:- "'a'

That Legal Heirship Certificate be issued Certifying that the Petitioner viz. ULHAS VENKATESH HEGDE and his Brothers viz. UDAY VENKATESH HEGDE, SURESH VENKATESH HEGDE and SUNIL VENKATESH HEGDE are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827;

(b) Delay of approx. 15 years, 8 months day may be condoned. (c) Proclamation may be dispensed with."

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.20 20:13:33 +0530 Ajay RAVINDRA MOHAN AMBERKAR