Nirmala Agrawal v. Shyamsundar Ganeshilal Agarwal

908 MPT 389-25-OS.DOC prs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 389 of 2025 Nirmala Shyamsundar Agrawal ... Petitioner v/s.

Shyamsundar Ganeshilal Agarwal @ Shyamsundar Ganeshilal Agrawal ... Deceased ______________________ Mrs. Asha P. Nair for the Petitioner.

________________________

CORAM

: Kamal Khata, J.

DATED : 2nd July 2025.

P.C.:- 1.

By this Petition the Petitioner seeks Legal Heirship Certificate for all the legal heirs of the deceased. 2.

The deceased expired at Mumbai on or about 8th August, 2017. A copy of the death certificate is annexed to the Petition at Exhibit 'A'.

3.

The deceased died intestate leaving behind the Petitioner and his three sons as his only legal heirs and next of kin in terms of Section 8 (a) of Hindu Succession Act, 1956, as specifically set out in paragraph No. 4 of the Petition.

4.

Learned Advocate Ms. Asha P. Nair for the Petitioner submits that the Legal Heirship Certificate is sought for the Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.07.08 18:49:48 +0530 SUMEDH NAMDEO SONAWANE

908 MPT 389-25-OS.DOC purpose of transferring the ownership of the flat from the deceased to the names of the legal heirs as detailed in paragraph No.7.

5.

In view of the aforesaid submissions and the material placed on record, I find no impediment in allowing the Petition.

6.

The requirement of proclamation is dispensed with. 7.

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

"(a) That a Legal Heirship Certificate Certifying that the Petitioner along with the heirs mentioned in Para 4 above viz. (i) Nirmala Shyamsundar Agrawal (wife-widow of deceased); (ii) Sanjay Shyamsundar Agarwal (son of deceased); (iii) Nirajkumar Agrawal (son of deceased);

and (iv) Vishal Shyamsundar Agarwal (son of deceased), being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act, Act, VIII of 1827."

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.)