Rosabel Venkatesh Khambadkone v. Venkatesh Pandurang Khambadkone
18.MPT.550.2025.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. 550 OF 2025 Venkatesh Pandurang Khambadkone .. Deceased Rosabel Venkatesh Khambadkone & Anr .. Petitioner ....................
Ms. Samiksha Manek (through VC), Alisha Ningoo, Advocates for Petitioner.
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CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 26, 2025.
P.C.:
1.
Heard Ms. Manek, 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 Venkatesh Pandurang Khambadkone . 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. 8 of the Petition. I have perused the same.
3.
Consent affidavits dated 19.06.2025 and 21.07.2025 of Sunitha Khambadkone and Ria Venkatesh Khambadkone, the legal heirs are filed on record and appended at page Nos. 33 and 34A of Petition.
18.MPT.550.2025.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 this Hon'ble Court be pleased to declare that the Rosabel Venkatesh Khambadkone and Ria Virika Venkatesh Khambadkone ("Said Legal Heirs") are the legal heirs and representatives of the Said Deceased Late Venkatesh Pandurang Khambadkone and to issue Heirship Certificate in respect of the assets of the Said Deceased as enumerated in Schedule in the name of the Said Legal Heirs in that regard.
b) That this Hon'ble Court be pleased to order that the Said Legal Heirs are authorized to do all such acts, deeds, matters and things in respect of the assets described in the Schedule of the Petition as well as any residual properties which are discovered at a larger stage."
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:
2025.09.30 13:30:17 +0530 RAVINDRA MOHAN AMBERKAR Ajay