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Bombay High CourtMPT/585/2025disposed off

Paresh Premji Shah v. Sunderben Premji Gada/ Shah Alias Sunderben Premji Shah Alias Sunderbai Premji Gada

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

116.MPT.585.2025.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.585 OF 2025 Sunderben Premji Gada/ Shah Alias Sunderben Premji Shah Alias Sunderbai Premji Gada.

.. Deceased Paresh Premji Shah .. Petitioner ....................

 Mr.Pankaj Pandey a/w. Smit Nagda, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 2025.

P.C.:

1.

Heard Mr. Pandey, 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 Sunderben Premji Gada/ Shah Alias Sunderben Premji Shah Alias Sunderbai Premji Gada. 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.9 of the Petition. I have perused the same.

3.

Consent affidavit dated 03.01.2025 of Usha Rajesh Nishar Nee Usha Premji Gada, the legal heirs are filed on record and appended at page No.24 of Petition.

116.MPT.585.2025.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 condone the delay, if any in filing of this Petition.

b This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1872 certifying that the Petitioner namely PARESH PREMJI SHAH along with USHA RAJESH NISHAR NEE USHA PREMJI GADA mentioned above in Para No.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 11:48:03 +0530 AJAY TRAMBAK UGALMUGALE