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Bombay High CourtMPT/459/2025disposed off

Viju Chandu Waghari v. Narubhai Alias Naru Ganda Vagari Alias Naru Waghri Alias Naru Waghari (Deceased)

2025-09-20Hon'Ble Shri Justice Milind N. Jadhav2 pages

21.459.2025.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. 459 OF 2025 Narubhai alias Naru Ganda Vagari alias Naru Waghri alias Naru Waghari alias Naru Vaghari alias Narubhai Waghari alias Narubhai Ganda Waghari alias Narubhai Gandabhai Waghari .. Deceased Viju Chandu Waghari & Ors.

.. Petitioner ....................

 Mr. Manoj M. Mane, Advocate for Petitioners.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2025.

P.C.:

1.

Heard Mr. Mane , learned Advocate for Petitioners. 2.

Present Misc. Petition is filed by Petitioners for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Narubhai alias Naru Ganda Vagari alias Naru Waghri alias Naru Waghari alias Naru Vaghari alias Narubhai Waghari alias Narubhai Ganda Waghari alias Narubhai Gandabhai Waghari. 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 and 8 of the Petition. I have perused the same.

3.

Consent affidavit dated 27.12.2024 of Rekha Kisan Sathaliya,

21.459.2025.doc the legal heirs are filed on record and appended at page No.45 of Petition.

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) Viju Chandu Waghari (Daughter-in-Law of the deceased and the Petitioner No.1 herein), (2) Rekha Kisan Sathaliya (Grand Daughter of the deceased), (3) Dilipbhai Narubhai Chekhaliya (Son of the Deceased and the Petitioner No.2 herein) (4) Jagu Naru Waghari (Son of the Deceased and the Petitioner No.3 herein) and (5) Raju Naru Vaghari (Son of the Deceased and the Petitioner No.4 herein), are the only heirs and Legal representative of the deceased.

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 AJAY TRAMBAK UGALMUGALE Date: 2025.09.22 18:52:15 +0530 AJAY TRAMBAK UGALMUGALE