Rita Sanjeev Anand v. Sharda Ahuja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by AMOL PREMNATH JADHAV Date:

2026.06.15 19:38:43 +0530 MISC. PETITION NO. 523 OF 2026 Rita Sanjeev Anand ..

Petitioner Sharda Ahuja ..

Deceased ______________________________________ AMOL PREMNATH JADHAV Mr. Pranil Pawar i/b Mr. Rahul Singh for Petitioner. _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

12th JUNE 2026 P.C.:

1.

Heard Mr. Pranil Pawar, learned Counsel for the Petitioner. 2.

By this petition filed under the provisions of Bombay Regulation VIII of 1827, the Petitioner seeks issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. 3.

The deceased was the mother of the Petitioner who expired on 23rd March 2026. A copy of her death certificate is annexed to the petition. It is stated that at the time of her demise, the deceased was residing and had a fixed place of abode at Flat No. B/501, Canna, Cliff Avenue, Hiranandani Gardens, Powai, Mumbai 400 076. It is also stated that the deceased died intestate without leaving behind any testamentary writing or Will.

4.

In paragraph 4 of the petition, the Petitioner has given details of the surviving heirs and legal representatives of the deceased, namely three daughters (including the Petitioner herein). It is specifically stated that the husband of the deceased had predeceased her on 16th July 2008. A copy of his death certificate is also annexed to the petition.

5.

The other two daughters of the deceased (sisters of the Petitioner) have given their consent affidavits in favour of the Petitioner. This Court has perused the consent affidavits and found the same to be proper.

6.

The deceased is stated to have owned two immovable properties in the State of Maharashtra and another in the State of Haryana. In addition, the deceased is also stated to have a savings bank account in the State of Maharashtra. Details of these assets are set out in Schedule No-I to the petition. For the sake of convenience, they are reproduced hereunder:

Sr. No.

Description of properties Current Market Value In the State of Maharashtra 1.

An immovable property in the name of Rs. 1,40,00,000/- the deceased being residential premises at Flat No. B/501 on the 5th Floor in "B"

Wing of 'CANNA Co-Operative Housing Society Limited', situated at Hiranandani Gardens, Powai, Mumbai - 400 076, Maharashtra, admeasuring 560 sq. ft.

built-up area having market value of Rs.

1,40,00,000/- (self-occupied, no rent fetched) 2.

An immovable property in the name of Rs. 1,48,00,000/- the deceased being residential premises at Flat No. B/502 on the 5th Floor in "B"

wing of 'CANNA Co-Operative Housing Society Limited', situated at Hiranandani Gardens, Powai, Mumbai - 400 076, Maharashtra, admeasuring 560 sq. ft.

built-up area, along with one stilt parking space bearing No. B/3, having market value of Rs. 1,48,00,000/- (Selfoccupied, no rent fetched) 3.

Amount standing to the credit of the Rs. 99,22,975/- deceased in savings account no.

30916787460 with State Bank of India having address at PBB Hiranandani Branch, Hiranandani Complex, Powai, Mumbai - 400 076, having balance Rs.

99,22,975/- In the State of Haryana 4.

An immovable property in the name of Rs. 30,00,000/- the deceased being residential premises at Flat No. 590-R, 1st Floor, Rear Side,

situated at Model Town, Panipat, Haryana, admeasuring 900 sq. ft. builtup area, having market value of Rs. 30,00,000/- (self-occupied, no rent fetched) Total Rs. 4,17,22,975/- 7.

It is stated that no other petition for heirship certificate, succession certificate, probate or letters of administration with or without Will annexed has been filed. There is, therefore no impediment to the grant of relief.

8.

In view of the material placed on record, the petition is accepted and proclamation is dispensed with and the petition is allowed in terms of prayer clause (a) which reads thus:

"(a) That a legal heirship certificate of the deceased be issued under the provisions of Bombay Regulation VIII of 1827, certifying that 1) Rita Sanjeev Anand, daughter of the deceased, 2) Vinita Suri, daughter of the deceased and 3) Bhavna Milind Nabar, daughter of the deceased are only heirs and legal representatives of the deceased."

9.

The petition is disposed of in terms of the aforesaid order with no order as to costs.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil