Archana Dilip Gajbhiye v. Dilip Narayan Gajbhiye Alias Gajbhiye D N
11.MPT.399.2025.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. 399 OF 2025 Dilip Narayan Gajbhiye alias Gajbhiye D. N.
.. Deceased Archana Dilip Gajbhiye .. Petitioner ....................
Mr. Prabhu Velar, Advoacate for Petitioner.
....................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 26, 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 Dilip Narayan Gajbhiye alias Gajbhiye D. N. 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. 5 of the Petition. I have perused the same.
3.
Consent affidavits both dated 26.03.2025 of Mrunalini Dilip Gajbhiye and Mandar Dilip Gajbhiye, the legal heirs are filed on record and appended at page Nos. 30 and 32 of Petition.
11.MPT.399.2025.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' and 'b' which read thus:- "a) That this Hon'ble Court be pleased to issue a Legal Heirship Certificate in favour of the Petitioners under the provisions of Bombay Regulation Act VIII of 1827, certifying that 1) Archana Dilip Gajbhiye, 2) Mrunalini Dilip Gajbhiye, 3) Mandar Dilip Gajbhiye are the legal heirs and legal representatives of the said deceased abovenamed.
b) That issuance of Proclamation as prescribed under the provisions of Bombay Regulation Act VIII of 1827 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. ] Ajay by RAVINDRA MOHAN AMBERKAR Date:
2025.09.30 13:21:40 +0530 RAVINDRA MOHAN AMBERKAR