Pradip Vishwanath Bilay v. Pradnya Paradip Bilay

28.MPT.546.2025.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. 546 OF 2025 Pradnya Pradip Bilay .. Deceased Pradip Vishwanath Bilay .. Petitioner ....................

 Mr. Shrikant Shankar Dixit, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2025.

P.C.:

1.

Heard Mr. Dixit, 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 Pradnya Pradip Bilay. 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 Nos.8,9,10,11 and 12 of the Petition. I have perused the same.

3.

Consent affidavits dated 11.02.2025 of Shweta Kedarprasad Suki and Shantanu Pradip Bilay, the legal heirs are filed on record and appended at page No. 53 and 56 of Petition.

4.

In view of the above, there can be no impediment in

28.MPT.546.2025.doc allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses 'a' and 'b' which read thus:- "'a) A Legal Heirship Certificate should be issued in accordance with Section 2 of the Bombay Regulation Act VIII of 1827, affirming that the Petitioner is acknowledged as one of the legal heirs alongside his two married children, namely Shweta Kedarprasad Suki, a married daughter, and Shantanu Pradip Bilay, a married son. They act as the representatives of the Deceased. b) The legal heirs of the deceased have submitted consent affidavits to forgo the proclamation, as documented in Exhibit "P" on Petition Page Nos 53 to 55 and Exhibit "Q" on Petition Page Nos. 56 to 58. Therefore, it is requested that the issuance of the proclamation be waived." 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: 2025.09.22 11:07:42 +0530 AJAY TRAMBAK UGALMUGALE