Sumit Dinesh Ajitsaria v. Dinesh Motilal Ajitsaria

33.MPT.460.2025.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. 460 OF 2025 Dinesh Motilal Ajitsaria .. Deceased Sumit Dinesh Ajitsaria .. Petitioner ....................

 Mr Vishal Thadani a/w Rutuja Gaikwad. , Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 12, 2025.

P.C.:

1.

Heard Mr. Vishal Thadani, 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 Dinesh Motilal Ajitsaria. 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.

The wife of the the deceased predeceased the deceased. Consent Affidavit dated 22.11.2024 of Sheeta Pranaykumar Mehta and Consent Affidavit dated 27.11.2024 of Shivani Chokhani, the legal heirs are filed on record and appended at page No. 28 and 32 of Petition.

33.MPT.460.2025.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) this Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827, certifying that Sumit Dinesh Ajitsaria be declared as legal heir and legal representative of the deceased Dinesh Motilal Ajitsaria under the provisions of 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 AJAY TRAMBAK UGALMUGALE Date: 2025.09.13 17:24:06 +0530 AJAY TRAMBAK UGALMUGALE