Ganesh Raghunath Kadam v. Saraswati Raghunath Kadam

145.MPT.699.2025.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. 699 OF 2025 Saraswati Raghunath Kadam .. Deceased Ganesh Raghunath Kadam .. Petitioner ....................

 Ms. Sujata Babar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 3, 2025.

P.C.:

1.

Heard Ms. Babar , 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 Saraswati Raghunath Kadam. 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.

Joint Consent affidavit dated 20.08.2025 of (1) Umesh Raghunath Kadam, (2) Santosh Raghunath Kadam and (3) Mahesh Raghunath Kadam, the legal heirs is filed on record and appended at page no.32 of petition.

145.MPT.699.2025.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', 'b' and 'c' which read thus:- (a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. GANESH RAGHUNATH KADAM and his three Brothers UMESH RAGHUNATH KADAM, SANTOSH RAGIIUNATH KADAM and MAHESH RAGHUNATH KADAM are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827;

(b) Delay of 15 years 8 months and 11 days may be condoned.

(c) Proclamation may 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 AJAY TRAMBAK UGALMUGALE Date:

2025.10.07 16:56:54 +0530 AJAY TRAMBAK UGALMUGALE