Devaki J Ayram Shetty v. Girija Bhoja Shetty

33.MPT.655.2025.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. 655 OF 2025 Girija Bhoja Shetty .. Deceased Devaki Jayram Shetty .. Petitioner ....................

 Mr. Shubham Dhoble i/b Sujit Nikam, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 26, 2025.

P.C.:

1.

Heard Mr. Dhoble, 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 Girija Bhoja Shetty. 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 and 7 of the Petition. I have perused the same.

3.

Consent affidavits dated 13.08.2025 of Sunitha Rai, Purushottam Bhoja Shetty, Subhash Bhoja Shetty and Yashoda Jayendra Shetty, the legal heirs are filed on record and appended at page Nos.32, 34, 36 and 38 of Petition.

33.MPT.655.2025.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 read thus:- "(a) That a Legal Heirship Certificate Certifying that the Petitioners along with the heirs mentioned in paragraph no. 4 of the petition are the only heirs and legal representative of the said deceased be issued under Provision of Bombay Regulation Act VIII of 1827;" 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 14:59:23 +0530 RAVINDRA MOHAN AMBERKAR Ajay