Laxmi Ganesh Netikar v. Ganesh Durgaji Nethikar Deceased

70.MPT.717.2025.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. 717 OF 2025 Ganesh Durgaji Nethikar .. Deceased Laxmi Ganesh Nethikar .. Petitioner ....................

 Ms. Megha Jani i/b Vinayak Salokhe, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 10, 2025.

P.C.:

1.

Heard Ms. Jani, 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 Ganesh Durgaji Nethikar. 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. 8 of the Petition. I have perused the same.

3.

Consent affidavits dated 02.08.2025 of Laxmibai Durgaji Nethikar, Shivani Nethikar Ganesh and Chaitanya Ganesh Nethikar, the legal heirs are filed on record and appended at page Nos. 26, 30 and 34 of Petition.

70.MPT.717.2025.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 be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Laxmi Ganesh Netikar (Widow of the deceased and petitioner), (2) Laxmibai Durgaji Nethikar (Mother of deceased), (3) Shivani Nethikar Ganesh (married daughter of the deceased), (4) Chaitanya Ganesh Nethikar (son of the deceased) 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: 2025.10.16 12:22:03 +0530 AJAY TRAMBAK UGALMUGALE