Lakshmi Mahabal Marakal v. Barkur Mahabal Marakal

28.MPT.605.2025.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. 605 OF 2025 Barkur Mahabal Marakal .. Deceased Lakshmi Mahabal Marakal .. Petitioner ....................

 Mr. Prabhu Velar i/b Mr. Vijay Bapu Basnak, Advocates for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 26, 2025.

P.C.:

1.

Heard Mr. Velar, 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 Barkur Mahabal Marakal. 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.6,7 and 8 of the Petition. I have perused the same.

3.

Consent affidavits dated 16.05.2025 of Nagratna Keshav and Nagendra Mahabal Marakal, the legal heirs are filed on record and appended at page Nos. 29 and 33 of Petition.

28.MPT.605.2025.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', 'b' and 'c' which read thus:- "a) This Hon'ble Court be pleased to condoned the delay in filing present Petition.

b) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Lakshmi Mahabal Marakal, widow and Petitioner abovenamed (2) Nagratna Keshav, married daughter of the deceased and (3) Nagendra Mahabal Marakal, son of the deceased are the only legal heirs and legal representatives of Deceased abovenamed. c) 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.

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

2025.09.30 14:55:01 +0530 Ajay RAVINDRA MOHAN AMBERKAR