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Bombay High CourtMPT/359/2025disposed off

Clinton Mukadam Son Of Thomas Mukadam v. Lorna Mukadam Wo Thomas Mukadam Alias Mukadam Lorna

2025-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

907.MPT.359.2025.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.359 OF 2025 Lorna Mukadam W/o Thomas Mukadam alias Mukadam Lorna .. Deceased Clinton Mukadam, Son Of Thomas Mukadam.

.. Petitioner ....................

 Mr.Prabhu Velar a/w Mr. Vilas B. Kadu, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Mr. Velar, 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 Lorna Mukadam W/o Thomas Mukadam alias Mukadam Lorna. 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.

Consent affidavits dated 24.04.2025 and 28.04.2025 of Royston Joseph Mukadam and Clive Mukadam Son of Thomas Mukadam alias Clive Patrick Mukadam, the legal heirs are filed on record and appended at page Nos.27 of Petition and another Consent

907.MPT.359.2025.doc Affidavit is e-filed. One of the legal heir i.e. Thomas Mukadam Son of Mathew Mukadam (husband) has pre-deceased the deceased. 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 clause 'a' which read thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 Certifying that (1) CLINTON MUKADAM, Son of THOMAS MUKADAM, son, (2) CLIVE MUKADAM son of THOMAS MUKADAM alias CLIVE PATRICK MUKADAM, son and

(3) ROYSTON JOSEPH MUKADAM, son of THOMAS MUKADAM are the surviving, legal heirs and Legal representatives of the deceased viz. LORNA MUKADAM W/o THOMAS MUKADAM alias MUKADAM LORNA.

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. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2025.09.20 20:23:17 +0530 Ajay RAVINDRA MOHAN AMBERKAR