Kamal Keshavji Gada v. Late Keshavji Manesk Gada

27.MPT.413.2025.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. 413 OF 2025 Keshavji Manek Gada .. Deceased Kamal Keshavji Gada .. Petitioner ....................

 Mr. Vrushabh Savla, Advocate for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 12, 2025.

P.C.:

1.

Heard Mr. Savla, 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 Keshavji Manek Gada. 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 07.05.2025 of Milan Keshavji Gada and Rupin Keshavji Gada, the legal heirs are filed on record and appended at page Nos.38 and 41 of Petition.

27.MPT.413.2025.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 a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 certifying that 1) Kamal Keshavji Gada (being the wife of the deceased abovenamed and Petitioner herein), 2) Milan Keshavji Gada (being the eldest son of the deceased abovenamed) and 3) Rupin Keshavji Gada (being the younger son of the deceased abovenamed), are the only heirs and legal representatives of the deceased above named.

'b'

That issuance of Proclamation 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 HARSHADA HANUMANT SAWANT Date:

2025.09.13 15:22:08 +0530 HARSHADA HANUMANT SAWANT