Alankar Suresh Kubal v. Sujata Suresh Kubal Deceased

27.MPT.790.2025.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.790 OF 2025 Sujata Suresh Kubal .. Deceased Alankar Suresh Kubal .. Petitioner ....................

 Ms. Asha P. Nair a/w. Ms. Bhavana R. Khemani, Advocates i/by Mr. K. P. P. Nair for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 07, 2025 P.C.

:

1.

Heard Ms. Nair, learned Advocate for Petitioner. 2.

Pursuant to order dated 20.09.2025, non-consenting legal heir - Mr. Omkar Suresh Kubal has filed his consent Affidavit dated 07.11.2025. Ms. Nair has tendered the same across the bar. The nonconsenting legal heir is also present in the Court. 3.

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 Ms. Sujata Suresh Kubal. 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.

4.

Consent affidavit dated 26.08.2025 of Ms. Rima Suresh

27.MPT.790.2025.doc Kubal alias Rima Pranav Ajgaonkar the legal heirs are filed on record and appended at page No.26 of Petition.

5.

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) That a Legal Heirship Certificate be issued certifying that the Legal heirs mentioned in Para 4 viz. (I) Alankar Suresh Kubal; (ii) Rima Pranav Ajgaonkar @ Rima Suresh Kubal; and (iii) Omkar Suresh Kubal being the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act, VIII of 1827."

6.

Issuance of proclamation stands dispensed with. 7.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 8.

Misc. Petition is allowed and disposed subject to removal 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:

2025.11.08 19:17:30 +0530 HARSHADA HANUMANT SAWANT