Sudha Vasudeo Desai v. Dr Vasudev Shantaram Desai Alias Vasudeo Shantaram Desai

M5.MPT.297.2026.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. 297 OF 2026 Vasudev Shantaram Desai alias Vasudeo Shantaram Desai alias Dr. V. S. Desai .. Deceased Sudha Vasudeo Desai .. Petitioner ....................

 Mr. B. V. Holambe-Patil, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 13, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 13.03.2026. Perused the praecipe.

2.

Heard Mr. Patil, 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 Vasudev Shantaram Desai alias Vasudeo Shantaram Desai alias Dr. V. S. Desai. 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.9 of the Petition. I have perused the same. 4.

Consent affidavits dated 09.02.2026 and 11.02.2026 of Shailesh Vasudeo Desai and Kamlesh Vasudeo Desai, the legal heirs are

M5.MPT.297.2026.doc filed on record and appended at page Nos. 32 and 36 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 reads thus:- "a) That the delay in filing present Petition be kindly condoned. b) That a Legal Heirship Certificate of the deceased be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Sudha Vasudeo Desai (Widow of the deceased and the Petitioner herein), (2) Kamlesh Vasudeo Desai (Son of the deceased) and (3) Shailesh Vasudeo Desai (Son Daughter of the deceased), are the only heirs and Legal representative 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 Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2026.03.13 16:49:10 +0530 RAVINDRA MOHAN AMBERKAR