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Bombay High CourtMPT/1074/2025disposed off

Rosy Antony Kalaparambil v. Antony Devassey Kalaparambil

2026-02-27Hon'Ble Shri Justice Milind N. Jadhav2 pages

19A.MPT.1074.2025.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. 1074 OF 2025 Antony Devassey Kalaparambil .. Deceased Rosy Antony Kalaparambil .. Petitioner ....................

 Mr. Harsh Pathak a/w Ms. Sonia Neralaly, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 27, 2026.

P.C.:

1.

Heard Mr. Pathak, 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 Antony Devassey Kalaparambil. The names and details of legal heirs of the deceased are stated in paragraph No.7 of the Petition. Purpose for filing the present Petition is stated in paragraph No.12 of the Petition. I have perused the same.

3.

Consent affidavits dated 29.09.2025 of Robinson Antony Kalaparambil, Francis Anthony Kalaparambil and David Antony Kalaparambil, the legal heirs are filed on record and appended at page Nos. 31, 35 and 39 of Petition.

Corrected / Modified Order As per Speaking to the Minutes of Order passed on 04.03.2026 1 of 2

19A.MPT.1074.2025.doc 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 clause "i" which reads thus:- "I.

That this Hon'ble Court be pleased to issue a Legal heirship Certificate to the Petitioner under the Provisions of Bombay Regulation Act, VIII of 1827, certifying that the Petitioner along with the other heirs mentioned in Paragraph No. 7 i.e. Rosy Antony Kalaparambil (widow), David Antony Kalaparambil (son), Francis Anthony Kalaparambil (son), Robinson Antony Kalaparambil (son) are the only legal heirs and representatives of the Deceased Late Antony Devassey Kalaparambil;" 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. ] by RAVINDRA MOHAN AMBERKAR Date:

2026.03.04 18:57:07 +0530 RAVINDRA MOHAN AMBERKAR Ajay Corrected / Modified Order As per Speaking to the Minutes of Order passed on 04.03.2026 2 of 2