Bhavik Nathalal Makwana v. Kanchan Nathalal Makwana

M2.MPT502.2026.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.502 OF 2026 Kanchan Nathalal Makwana .. Deceased Bhavik Nathalal Makwana .. Petitioner ....................

 Ms. Anannya Bhosale, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 30, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 30.04.2026. Perused the praecipe.

2.

Heard Ms. Bhosale, 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 Kanchan Nathalal Makwana. The names and details of legal heirs of the deceased are stated in paragraph No. 6 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 1 of the Petition. I have perused the same.

4.

Consent affidavits dated 05.01.2026 and 08.01.2026 of Chetana Kirtikumar Solanki alias Chetanaben Kirtikumar Solanki alias

M2.MPT502.2026.doc Chetana Nathalal Makwana (maiden name), Jigna Ashwin DOdia alias Jigna Nathalal Makwana (maiden name) and Pankaj Nathalal Makwana, the legal heirs are filed on record and appended at page Nos. 37, 39 and 43 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) The Legal Heirship Certificate may be granted in favour of the legal heirs i.e. (1) Chetana Kirtibhai/ Kirtikumar Solanki, (2) Jigana Ashwin Dodia, (3) Bhavik Nathalal Makwana and (4) Pankaj Nathalal Makwana they be declared as legal heir and legal representative of the deceased Late Smt. Kanchan Nathalal Makwana, under the provisions of the Bombay Regulation Act VIII of 1827."

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.

[ MILIND N. JADHAV, J. ] Digitally signed by AJAY TRAMBAK UGALMUGALE Date:

2026.05.01 16:58:43 +0530 Ajay AJAY TRAMBAK UGALMUGALE