Prasad Sudhir Mohite v. Sudhir Purushottam Mohite

71. MPT 276-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 276 OF 2026 Prasad Sudhir Mohite

...Petitioner

Sudhir Purushottam Mohite ...Deceased Mr. Vedant Tiwari i/b Mr. Rohit D. Joshi for the Petitioner.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th JUNE, 2026 P.C. :

1.

This Petition seeks issuance of legal heirship certificate under the provisions of Bombay Regulation VIII of 1827 to the Petitioner. 2.

Mr. Tiwari, learned Counsel appears for the Petitioner and submits that the Petitioner is the sole surviving heir of his parents: where the mother has pre-deceased the father and the parents of the deceased father have also pre-deceased him.

3.

Mr. Tiwari draws this Court's attention to the death certificates of the Petitioner's parents annexed to the Petition. 4.

Mr. Tiwari submits that the Petitioner's deceased father died instate and was a permanent resident of Mumbai at the time of his death at Flat no. 104, Radha Krishna Radha Residency CHS, Siddharth Nagar, Borivali (East), Greater Mumbai-400066 (the "said flat"). That Nikita Gadgil 1/2

71. MPT 276-26.doc the Petitioner is the only legal heir and legal representative of the deceased father.

5.

It is submitted that the heirship certificate is required for the transfer of the share certificate in respect of the said flat in the name of the Petitioner.

6.

Having heard the learned Counsel and having considered the material placed on record, with his assistance, the Petition is allowed in terms of prayer Clause (a), which reads thus:- "a. This Hon'ble Court be pleased to grant/issue a "Legal Heirship Certificate" to the Petitioner, having effect throughout the state of Maharashtra, under the provisions of Bombay Regulation VIII of 1827, certifying that the Petitioner I leal heir and representative of deceased, in respect of the property and credits set forth in schedule No. 1 annexed to the Petition."

7.

The Petition is allowed and disposed as above. The proclamation is dispensed with.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.06.13 18:11:59 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2