Ramesh Babu Salian v. Appi Babu Salian Deceased

58.MPT.632.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.632 OF 2025 Appi Babu Salian .. Deceased Ramesh Babu Salian .. Petitioner ....................

 Ms. Asha P. Nair, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 12, 2025 P.C.

:

1.

Heard Ms. Nair, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by the Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of properties and credits of deceased Appi Babu Salian. The names of the legal heirs of the deceased are mentioned 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.

Joint Consent affidavits dated 09.08.2025 of (1) Leela Vasu Kunder; (2) Jagannath Babu Salian; (3) Rohini P. Sawant; (4) Y. V. Kumtha; (5) Sarojini Shankar Salian and (6) Mukta Dayanand Kunder is filed on record and appended at page No.26 of the Petition. 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in

58.MPT.632.2025.doc terms of prayer clause (a) which reads thus:- "(a) That a Legal Heirship Certificate be issued Certifying that the Petitioner and other six legal heirs mentioned in Para 4 above viz. (i) Leela Vasu Kunder; (ii) Ramesh Babu Salian; (iii) Jagannath Babu Saliyan; (iv) R~hini Pradeep Sawant; (v) Yogini Vinod Kumtha; (vi) Sarojini Shankar Salian; and (vii) Mukta Dayanand Kunder, being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act, Act, VIII of 1827."only heir and Legal representative of the 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 three (3) weeks from today. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Registry.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.09.13 16:55:17 +0530 HARSHADA HANUMANT SAWANT