Neelam Umapati Tiwari v. Moharkali Devidin Shukla
29.MPT.422.2025.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. 422 OF 2025 Moharkali Devidin Shukla .. Deceased Neelam Umapati Tiwari .. Petitioner ....................
Mr. Bhalchandra G. Saraf, Advocate for Petitioner. ....................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 12, 2025.
P.C.:
1.
Heard Mr. Saraf, 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 Moharkali Devidin Shukla. 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.7 of the Petition. I have perused the same.
3.
Consent affidavit dated 30.03.2024, 22.03.2024 and 20.03.2024 of Mr. Santosh Umesh Pandey, Mrs. Saroj Balkrishna Tripathi, Mr. Paramanand Devind Shukla and Pushpa Shukla, the legal heirs are filed on record and appended separately in the Petition.
29.MPT.422.2025.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 clause (a) which reads thus:- "'a'
That this Hon'ble Court be pleased to grant to the Heirship Certificate certifying that the 1. Pushpa Ramkishor Shukla, Being Married daughter, 2. Shashikala Sharadchandra Mishra, Being Married Daughter, 3. Paramanand Devidin Shukla being Son, 4. Santosh Umesh Pandey Being Married Daughter, 5. Saroj Balkrishna Tripathi Being Married daughter and 6. Neelam Umapati Tiwari Being Married daughter to be declared as the legal heir and legal representative of the deceased Late Moharkali Devidin Shukla. Under the provision of the Bombay Regulation Act VIII of 1827."
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 AJAY TRAMBAK UGALMUGALE Date: 2025.09.13 10:30:33 +0530 AJAY TRAMBAK UGALMUGALE