Sunita Vinay Gaggar v. Vinay Purushottam Gaggar

7-MPT-346-2025.DOC sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 346 OF 2025 Vinay Purushottam Gaggar ... Deceased Sunita Vinay Gaggar ... Petitioner ______________________ Mr. Uttam Rane for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 23rd July 2025.

P.C.:- 1.

The Petitioner seeks issuance of a Legal Heirship Certificate under the provisions of the Bombay Regulation VIII of 1827 in respect of one Vinay Purshottam Gaggar ('the deceased').

2.

The deceased expired at Mumbai on 12th February 2025. A copy of the death certificate is annexed to the Petition as Exhibit 'A'.

3.

The deceased died intestate. The deceased left behind him surviving his widow, mother, a son and daughter, as his only legal heirs and next of kin according to Section 8 (a) of the Hindu Succession At, 1956. The legal heirs of the deceased are mentioned in paragraph 4 of the Petition. by SANDHYA BHAGU WADHWA Date:

2025.08.04 12:05:37 +0530 SANDHYA BHAGU WADHWA

7-MPT-346-2025.DOC 4.

Learned Advocate Mr. Rane submits that Legal Heirship Certificate is sought to declare the Petitioners as the legal heirs and to facilitate transfer of the properties mentioned in paragraph No. 8. The legal heirs of the deceased i.e. the mother of the deceased and son of the deceased have filed consent affidavits annexed as Exhibit 'E' to the Petition. 5.

In view of the aforesaid submissions and the material placed on record, I see no impediment in allowing the 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). 9.

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

(Kamal Khata, J.)