Amrita Asimkumar Basu v. Asimkumar Janendranath Basu Alias Asim Kumar Basu

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 716 OF 2026 Amrita Asimkumar Basu

...Petitioner

Asimkumar Janenddranath Basu alias Asim Kumar Basu ...Deceased Ms. Seema Hunnurkar i/b Mr. Rushikesh Bhattacharya for the Petitioner.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th JUNE, 2026 P.C. :

1.

This Petition seeks issuance of legal heirship certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that (1) Debjani Bose (2) Amrita Asimkumar Basu (3) Ananya Basu and (4) Aditi Chatterjee are the only heirs and legal representatives of the deceased, who died at Mumbai on 11th September, 2021, which is evidenced by a copy of the death certificate annexed to the Petition.

Digitally signed by NIKITA YOGESH GADGIL Date:

2026.06.13 17:11:46 +0530 NIKITA YOGESH GADGIL 2.

It is submitted that the deceased was a permanent resident of Mumbai and had a fixed place of abode at B-21 Charkop Sidhi Ganesh Limited, Sector - 8, Plot No. 857, Charkop, Kandivali (West), Mumbai400 067 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

Nikita Gadgil 1/3

3.

That the deceased died intestate leaving behind no testamentary writing or a Will. It is submitted that the parents of the deceased have pre-deceased the deceased.

4.

It has been submitted that the legal heirship certificate is required for the purposes of claiming and transferring the movable and immovable properties of the deceased as per the schedule annexed to the Petition.

5.

Ms. Hunnurkar, learned Counsel appears for the Petitioner and submits that one of the daughter of the deceased has filed the Petition, that Ananya Basu, one of the sibling and daughter of the deceased has filed the consent affidavit on 11th May, 2026. That proclamation have been served on the non consenting heirs viz. Debjani Bose and Aditi Chatterjee and affidavit of service in this regard has also been filed on 20th April, 2026.

6.

Having heard the learned Counsel and having considered the submissions and material placed on record, with her assistance, I am of the view that the Petition be allowed in terms of the prayer clause (a), which reads thus:- "a. This Hon'ble Cout be pleased to issue a Legal Heirship Certificate to the Petitioner under the Nikita Gadgil 2/3

provisions of Bombay Regulation Act VIII of 1827 certifying that (1) Debjani Bose (2) Amrita Asimkumar Basu (3) Ananya Basu and (4) Aditi Chatterjee, are the only heirs and legal representatives of the deceased." 7.

The Petition is allowed and disposed as above. (ABHAY AHUJA, J.) Nikita Gadgil 3/3