Sujit Digambar Raote v. Digamber Khanderao Raote
109.MPT.554.2025.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.554 OF 2025 Digamber Khanderao Raote .. Deceased
1. Sujit Digamber Raote
2. Amit Digamber Raote .. Petitioners ....................
Ms. Priyanka Bhandari, Advocate for Petitioners. ....................
CORAM
: MILIND N. JADHAV, J.
DATE : OCTOBER 03, 2025.
P.C.:
1.
Heard Ms. Bhandari, learned Advocate for Petitioners. 2.
Present Misc. Petition is filed by Petitioners for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Digamber Khanderao Raote. 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 affidavit dated 29.08.2024 of Vandana Warekar and Sharmila Mayekar, the legal heirs are filed on record and appended at page Nos.25 and 28 of Petition.
109.MPT.554.2025.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 condoned the delay in filing present Petition.
b.
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 the Petitioner along with the heirs mentioned above in Para 4 are the only heirs and legal representatives of the said deceased."
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: 2025.10.07 11:46:35 +0530 AJAY TRAMBAK UGALMUGALE