Nirmala Arun Borade v. Arun Mohan Borade

35.MPT.657.2025.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. 657 OF 2025 Arun Mohan Borade .. Deceased Nirmala Arun Borade .. Petitioner ....................

 Mr. Prabhu Velar i/b Mohamad Sheriff. S, 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 Arun Mohan Borade. 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.6 of the Petition. I have perused the same.

3.

Consent affidavits dated 17.07.2025 of Gangubai Mohan Borade, Priyanka Arun Borade, Sanjeevani Arun Borade and Nrupesh Arun Borade the legal heirs are filed on record and appended at page No.29, 34, 39 and 44 of Petition.

35.MPT.657.2025.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) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that the following persons i.e., (1) Gangubai Mohan Borade (Mother), (2) Nirmala Arun Borade (widow), (3) Priyanka Arun Borade (daughter), (4) Sanjeevani Arun Borade (daughter), and

(5) Nrupesh Arun Borade (son) are the only Class I Legal Heirs of the deceased abovenamed, i.e., Arun Mohan Borade."

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 15:01:10 +0530 RAVINDRA MOHAN AMBERKAR Ajay