Supriya Vijay Desai v. Jayshri Jaysingh Desai

922. MPT-560-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISC. PETITION NO. 560 OF 2025 Jayshri Jaysingh Desai .. Deceased Supriya Vijay Desai .. Petitioner ....................

 Mr. Manoj M. Mane i/by Mr. Prashant Satam, Advocates for Petitioner ...................

CORAM : MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025 P. C.

:

1.

Heard Mr. Mane, 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 Jayshri Jaysingh Desai. 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 21.03.2025 of Sukanya Vijay Desai, Onkar Vijay Desai and Vidya Shivaji Patil the legal heirs are filed on record and appended at page Nos.31-42 of Petition.

922. MPT-560-25.docx 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 a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Supriya Vijay Desai (Daughter-in-Law of the deceased and the Petitioner herein), (2) Sukanya Vijay Desai (Grand Daughter of the Deceased, (3) Onkar Vijay Desai (Grand Son of the Deceased) and (4) Vidya Shivaji Patil (Married Daughter of the Deceased ), are the only heirs and Legal representatives of the deceased. b) That issuance of Proclamation be dispensed with. 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. It is clarified that the 3 week period shall start from the date of removal of office objections.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.19 20:02:18 +0530 RAVINDRA MOHAN AMBERKAR