Rajani Santosh Gawankar v. Santosh Vishnu Gawankar

88.MPT.759.2025.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. 759 OF 2025 Santosh Vishnu Gawankar .. Deceased Rajani Santosh Gawankar .. Petitioner ....................

 Mr. Aniket Worlikar, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 10, 2025.

P.C.:

1.

Heard Mr. Worlikar, 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 Santosh Vishnu Gawankar. 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. 7 of the Petition. I have perused the same.

3.

Consent affidavits dated 11.09.2025 of Sonam Santosh Gawankar and Rajsaheb Santosh Gawankar, the legal heirs are filed on record and appended at page Nos. 25 and 27 of Petition.

88.MPT.759.2025.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) Delay in filing the present Petition be condoned; B) That a Legal Heirship Certificate Certifying that the Petitioner i.e. Rajani Santosh Gawankar along with the legal heirs i.e. Sonam Santosh Gawankar and Rajsaheb Santosh Gawankar are the only legal heirs and representatives of the deceased i.e. Santosh Vishnu Gawankar under the provisions of Bombay Regulation 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. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.10.16 13:26:00 +0530 AJAY TRAMBAK UGALMUGALE