Savita Bhagwanji Patel v. Bhagwanji Narsi Patel

M4.MPTL.36667.2025.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 (L) NO.36667 OF 2025 Bhagwanji Narsi Patel .. Deceased Savita Bhagwanji Patel .. Petitioner ....................

 Mr. M. L. Verma, 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. Verma, 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 Bhagwanji Narsi Patel. 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.8 of the Petition. I have perused the same.

4.

The deceased expired on 28.02.2025 and copy of his death certificate is appended at Exhibit-A, page No.19. Averments made in paragraph No.4 are that the parents of Deceased have predeceased

M4.MPTL.36667.2025.doc Deceased. Consent affidavits dated 13.11.2025 of Ghanshyam Bhagwanji Patel (married son); Aruna Mahesh Patel (Nee : Aruna Bhagwanji Patel); Bhadja Jagrutiben Jagdishbhai and Paru Hiren Sitapara (Nee : Paru Bhagwanji Patel), (married daughters), the legal heirs are filed on record and appended at page Nos.26; 29; 32 and 35 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) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner, alongwith the heirs mentioned herein above are the only heirs and legal representatives of the deceased. i.e. (1) Savita Bhagwanji Patel (2) Ghanshyam Bhagwanji Patel (3) Aruna Mahesh Patel (4) Bhadja Jagrutiben Jagdishbhai (5) Paru Hiren Sitapara."

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. It is clarified that the 3 week period shall start from the date of removal of office objections.

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

2025.12.27 17:47:56 +0530 HARSHADA HANUMANT SAWANT