← Library
Bombay High CourtMPT/777/2025disposed off

Shravani Nitish Dabholkar v. Nilesh Manohar Sail Deceased

2025-11-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

P3.MPT.777.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.777 OF 2025 Nilesh Manohar Sail .. Deceased Shravani Nitish Dabholkar Nee Jyoti Manohar Sail .. Petitioner ....................

 Ms. Asha P. Nair, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 03, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 03.11.2025. Perused the praecipe.

2.

Heard Ms. Nair, learned Advocate for Petitioner. 3.

Urgency is expressed by Ms. Nair though the matter is fixed on 21.11.2025.

4.

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 Nilesh Manohar Sail. Petition is filed by sister of the deceased. The only legal heirs are his sister and brother as depicted in paragraph No.4 of the Petition. Deceased was a bachelor. There are no other legal heirs. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

P3.MPT.777.2025.doc 5.

Consent affidavit dated 19.09.2025 of Shankar Manohar Sail, the legal heir is filed on record and appended at page No.26 of Petition.

6.

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 reads thus:- "(a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate Certifying that Petitioner and her brother as mentioned in Para 4 above viz. (i) Shankar Manohar Sail, (brother of deceased); and (ii) Shravani Nitish Dabholkar Nee Jyoti Manohar Sail (sister of deceased), being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation VIII of 1827."

7.

Issuance of proclamation stands dispensed with. 8.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 9.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.11.03 17:24:46 +0530 HARSHADA HANUMANT SAWANT