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Bombay High CourtMPT/633/2025disposed off

Asha Vilas Wadate v. Vilas Rakhamaji Wadate Alias Wadate Vilas Rakhamaji Alias Vilas R Wadate

2025-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

928.MPT.633.2025.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.633 OF 2025 Vilas Rakhamaji Wadate alias Wadate Vilas Rakhamaji alias Vilas R. Wadate .. Deceased Asha Vilas Wadate .. Petitioner ....................

 Ms. Seema Hunnurkar, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Ms. Hunnurkar, 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 Vilas Rakhamaji Wadate alias Wadate Vilas Rakhamaji alias Vilas R. Wadate. 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.7 of the Petition. I have perused the same. 3.

Joint consent affidavit dated 05.08.2025 of (1)Vinay Vilas Wadate, (2)Vaishali Ganesh Shirke Nee Vaishali Vilas Wadate and (3)Shilpa Santosh Sakpa1 Nee Shilpa Vilas Wadate, the legal heirs are filed on record and appended at page No.29 of Petition.

928.MPT.633.2025.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 clause 'a' which reads thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that (1) Asha Vilas Wadate (2) Vinay Vilas Wadate (3) Vaishali Vilas Wadate And (4) Shilpa Santosh Sakpal Nee Shilpa Vilas Wadate, as mentioned in para no.4 herein above, are the only heirs and legal representatives 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 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: 2025.09.22 17:36:23 +0530 AJAY TRAMBAK UGALMUGALE