Vinod Achyut Tupe v. Nirmala Achyut Tupe Alias N A Tupe

22.MPT.513.2025.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.513 OF 2025 Nirmala Achyut Tupe alias N. A. Tupe .. Deceased Vinod Achyut Tupe .. Petitioner ....................

 Mr. Prabhu Velar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Mr. Velar, 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 Nirmala Achyut Tupe alias N. A. Tupe. 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.6 of the Petition. I have perused the same.

3.

Consent affidavits dated 06.05.2025 of (1)Dilip Tupe S/o Achyut Tupe, (2)Sunita Anil Mule, (3)Rashami Ramesh Joshi and (4)Aakash Padmakar Muley, the legal heirs are filed on record and appended at page Nos.29, 32, 35 and 38 of Petition. One of the legal heir namely Chaya Padmakar Muley (married daughter) has

22.MPT.513.2025.doc predeceased the deceased on 20.01.2019.

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 read thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that follows persons i.e., (1) Dilip Tupe S/o Achyut Tupe (son), (2) Vinod Achyut Tupe (son),

(3) Sunita Anil Mule (daughter), (4) Rashami Ramesh Joshi (daughter), (5) Aakash Padmakar Muley (grandson) are the only Legal Heirs of the deceased abovenamed i.e., Nirmala Achyut Tupe alias N. A. Tupe.

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. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.20 20:17:01 +0530 Ajay RAVINDRA MOHAN AMBERKAR