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Bombay High CourtMPT/763/2025disposed off

Asha Inder Hemdev v. Kishanchand Hemdev

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

177.MPT(L). 3940.2025.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 (L) NO. 3940 OF 2025 Inder Kishanchand Hemdev alias Inder K.

Hemdev alias Inder Hemdev alias Demdav Indar .. Deceased Asha Inder Hemdev .. Petitioner ....................

 Ms. Jinal Shah a/w Jenul Bhati, Advocates for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 3, 2025.

P.C.:

1.

Heard Ms. Shah, 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 Inder Kishanchand Hemdev alias Inder K. Hemdev alias Inder Hemdev alias Demdav Indar. 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. 11 of the Petition. I have perused the same.

3.

Consent affidavits dated 23.01.2025 of Vishal Inder Hemdev, Karan Inder Hemdev, Sadhna Anil Hemdev, Pooja Arun Lalwani nee Pooja Anil Hemdev and Rahul Anil Hemdev, the legal heirs are filed

177.MPT(L). 3940.2025.doc on record and appended at page Nos. 44, 49, 54, 59 and 64of Petition.

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) This Hon'ble Court be pleased to condone the delay in filing present Petition.

b) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Asha Inder Hemdev, Widow and Petitioner abovenamed (2) Vishal Inder Hemdev, son of the deceased abovenamed and (3) Karan Inder Hemdev, son of the deceased abovenamed, are the only legal heirs and representative of deceased abovenamed." 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. It is clarified that the 3 week period shall start from the date of removal of office objections.

[ MILIND N. JADHAV, J. ] Ajay by RAVINDRA MOHAN AMBERKAR Date:

2025.10.07 20:07:31 +0530 RAVINDRA MOHAN AMBERKAR