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Bombay High CourtMPT/999/2025disposed off

Rekha Laxman Vaidya v. Laxman Hari Vaidya

2025-12-23Hon'Ble Shri Justice Milind N. Jadhav2 pages

M24.MPT.999.2025.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. 999 OF 2025 Laxman Hari Vaidya .. Deceased Rekha Laxman Vaidya .. Petitioner ....................

 Mr. Abhijeet A. Barve, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 23, 2025.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 23.12.2025. Perused the praecipe.

2.

Heard Mr. Barve, learned Advocate for Petitioner. 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 Laxman Hari Vaidya. 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. 10 of the Petition. I have perused the same.

4.

Consent affidavits dated 20.10.2025 of Manoj Laxman Vaidya and Sameer Laxman Vaidya, the legal heirs are filed on record

M24.MPT.999.2025.doc and appended at page Nos. 23 and 28 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 clauses 'a' and 'b' which read thus:- "a) The present Misc. Petition for Legal Heirship Certificate be allowed.

b) The Legal Heirship Certificate in respect of property described in 'Schedule C' may be granted having effect throughout the State of Maharashtra in the name of Petitioner 1) Rekha Laxman Vaidya (widow of the deceased), 2) Manoj Laxman Vaidya (Son of the deceased) and 3) Sameer Laxman Vaidya (Son of the deceased) being legal heirs of the deceased."

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 compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay by HARSHADA HANUMANT SAWANT Date:

2025.12.27 11:22:20 +0530 HARSHADA HANUMANT SAWANT