Anil Murlidhar Andhale v. Late Shashikala Murlidhar Andhale

76.MPT.405.2025.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. 405 OF 2025 Shashikala Murlidhar Andhale .. Deceased Anil Murlidhar Andhale .. Petitioner ....................

 Ms. Sujat Babar a/w Pratiksha Babar, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 3, 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 Shashikala Murlidhar Andhale. 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 13.05.2025 of Dileep Murlidhar Andhale, Meena Dilip Sose, Lata Laxman Kute, Supriya Sandeep Vengurlekar, Ambadas Punjaji Kute and Rajas Ambadas Kute, the legal heirs are filed on record and appended at page No. 35 of Petition.

76.MPT.405.2025.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 Legal Heirship Certificate be issued Certifying that the Petitioner viz. ANIL MURLIDHAR ANDHALE, his brother viz. DILEEP MURLIDHAR ANDHALE, three sisters viz. LATA LAXMAN KUTE, SUPRIYA SANDEEP VENGURLEKAR and MEENA DILIP SOSE,his brother-in-law viz. AMBADAS PUNJAJI KUTE and his nephew viz. RAJAS AMBADAS KUTE, are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827;

(b) Delay of approx. 9 years 2 months may be condoned." 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 AJAY TRAMBAK UGALMUGALE Date: 2025.10.06 12:26:03 +0530 AJAY TRAMBAK UGALMUGALE