Rohidas Sakharam Waghmare v. Late Sakharam Balaji Waghmare Since Deceased

35.MPT.508.2025.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. 508 OF 2025 Sakharam Balaji Waghmare .. Deceased Rohidas Sakharam Waghmare .. Petitioner ....................

 Ms. Pratiksha Babar i/b Sujata Babar, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 21, 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 Sakharam Balaji Waghmare. 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 28.06.2025 of Sunanda Yashwant Jadhav, Jayashri Haribhau Bhagat and Suvarna Sunil Chavare, the legal heirs are filed on record and appended at page No. 36 of Petition.

35.MPT.508.2025.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. ROHIDAS SAKHARAM WAGHMARE and his Three Married Sisters viz. SUNANDA YASHWANT JADHAV, JAYASHRI HARIBHAU BHAGAT and SUVARNA SUNIL CHAVARE are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 18527; (b) Delay of approx. 10 years and 6 months and 11 days 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 by AJAY TRAMBAK UGALMUGALE Date: 2025.11.27 16:18:24 +0530 AJAY TRAMBAK UGALMUGALE