The Court allowed a petition filed by the petitioner to issue a legal heirship certificate in respect of the deceased. The petitioners submitted consent affidavits from the husband and daughter confirming their status alongside the petitioner.
Issued a Legal Heirship Certificate and dispensed with the issuance of Proclamation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
5. MPT-126-23.doc
R.M. AMBERKAR (Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION
MISC. PETITION NO. 126 OF 2023
Nilay Vinayak Gosavi .. Petitioner
CORAM : MILIND N. JADHAV, J. DATE : JUNE 05, 2023
P.C.:
1. Heard Mr. Velar, learned Advocate for Petitioner.
2. Present Misc. Petition is filed by the Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of deceased Alpana Vinayak Gosavi, resident of Thane. Deceased Alpana is survived by three legal heirs i.e. Vinayak (husband), Petitioner – Nilay (son) and Sonali (daughter).
3. Purpose for filing the present Petition is in paragraph No. 8
which reads thus:-
1 of 2
5. MPT-126-23.doc
4. Two separate consent affidavits dated 26.09.2022 of Mr.
Vinayak Gosavi (husband) and Ms. Sonali Alwa (daughter) are filed on record giving their consent in paragraph No 4. thereof.
5. In view of the above, present Misc. Petition is allowed and
disposed of in terms of prayer clauses (a) and (b) which reads thus:-
Amberkar
Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2023.06.06 19:17:15 +0530
2 of 2
1 issue framed by the court
Whether the petitioner is eligible for issuance of a legal heirship certificate under Bombay Regulation VIII of 1827.
1 provisions across 1 enactments
Nilay Vinayak Gosavi
Alpana Vinayak Gosavi
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
