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Bombay High CourtMPT/636/2025disposed off

Ashtbhujaprasad Jagdambikaprasad Shrivastav v. Savitri Jagdambikaprasad Shrivastav

2025-09-26Hon'Ble Shri Justice Milind N. Jadhav2 pages

31.MPT.636.2025.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. 636 OF 2025 Savitri Jagdambikaprasad Shrivastav .. Deceased Shri. Ashtbhujaprasad Jagdambikaprasad Shrivastav .. Petitioner ....................

 Mr.Sondi Humare, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 26, 2025.

P.C.:

1.

Heard Mr. Humare , 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 Savitri Jagdambikaprasad Shrivastav. 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 affidavits dated 20.07.2024 of Shri. Sanjay Kumar Jagdambikaprasad Srivastava and Shri.

Arun Kumar Jagdambikaprasad Srivastva, the legal heirs are filed on record and appended at page No.30 and 34 of Petition.

31.MPT.636.2025.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 issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation Act VIII of 1827 certifying that Petitioner, Shri Sanjay Kumar Jagdambikaprasad Srivastava (Son) and Shri. Arun Kumar Jagdambikaprasad Srivastava (Son), are the only legal heirs of the said deceased.

b.

In view of the consent affidavits filed by all other legal heirs of the deceased, issuance of the 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. ] Ajay by RAVINDRA MOHAN AMBERKAR Date:

2025.09.30 14:57:34 +0530 RAVINDRA MOHAN AMBERKAR