Allowed

Nikhil Gopal Waghela v. Gopal Manga Waghela (Deceased)

Bombay HC6 Jun 2023MPT/271/2022

Case brief

AI extract

What is this about?

In this miscellaneous petition, the High Court of Judicature at Bombay allowed the application for issuance of a legal heirship certificate in respect of the deceased Gopal Manga Waghela, based on submitted consent affidavits.

What did the court decide?

Issuance of a Legal Heirship Certificate certifying the petitioner as the heir and legal representative of the deceased.

Nikhil Gopal Waghela Vs Gopal Manga Waghela… — Succession and Inheritance | Bombay HC (2023)

¶1

23.mpt.271.22.doc

¶2

Ajay

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

¶4

MISC. PETITION NO. 271 OF 2022

¶5

Gopal Manga Waghela..Deceased

¶6

Nikhil Gopal Waghela..Petitioner

¶7

Mr. Santosh S. Chodankar, Advocate for Petitioner.

¶8

CORAM:MILIND N. JADHAV, J.
DATE:JUNE 06, 2023.

¶9

P.C.:

¶10

1. Heard Mr. Chodankar, learned Advocate for Petitioner.

¶11

2. Present Misc. Petition is filed by the Petitioner for issuance

¶12

of legal heirship certificate under Section 2 of the Bombay Regulation

¶13

VIII of 1827 in respect of deceased Gopal Manga Waghela.

¶14

3. Purpose for filing the present Petition is stated in paragraph

¶15

No.8 in respect thereof and reads thus:

¶16

“8. That the said married daughter of deceased Mrs. Prathna Ravikumar Prajapati has given her consent by her affidavit dated 04/04/2022 to the Petitioner to apply for and obtain Legal Heirship Certificate for seeking the job on compensate ground in place of the deceased Gopal Manga Waghela with the Wilson College. Hereto annexed and marked as EXHIBIT -“D” is the said Consent Affidavit of Smt. Kanchan Gopal Waghela dated 04/04/2022.”

¶17

4. Mr. Chodankar has drawn my attention to page No.13 –

¶18

Exhibit ‘B’ to the Petition which is a letter given by Wilson College

¶19

1 of 2

¶20

23.mpt.271.22.doc

¶21

seeking legal heirship certificate from the Petitioner for providing job
on compassionate grounds to him.

¶22

5. At page Nos.14 and 17 of the Petition, Consent Affidavit of deceased wife dated 04.04.2022 is filed. Further Consent Affidavit of the sister namely Prathana Ravikumar Prajapati (Prathana Gopal Waghela) dated 04.04.2022 has also been filed. I have perused both the Consent Affidavits.

¶23

6. In view of the above, Misc. Petition stands allowed in terms of prayer clause (a) which reads thus:-

¶24

“(a) That a Legal Heirship Certificate certifying that the
Petitioner mentioned hereinabove is the heir and legal
representative of the said deceased Gopal Manga Waghela;
alongwith other legal heirs mentioned in Para No.4.”

¶25

7. Misc. Petition is disposed.

¶26

[ MILIND N. JADHAV, J. ]

¶27

Ajay

¶28

Digitally signed by AJAY AJAY TRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2023.06.08 11:12:36 +0530

¶29

2 of 2

Nikhil Gopal Waghela v. Gopal Manga Waghela (Deceased)

Case brief

What is this about?

What did the court decide?

Nikhil Gopal Waghela v. Gopal Manga Waghela (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Alfred Louzado Son of Sebastian Louzado Vs Sebastian Louzado Son of Juan Xavier Louzado (Deceased)

Sudha Aziz Jhaveri and 2 Ors. Vs Bharat Amarchand Doshi and 4 Ors.

Nilay Vinayak Gosavi Vs Alpana Vinayak Gosavi (Deceased)

Pramila Krishna Mulki Vs Nandkumar Krishna Mulki Alias Nandkumar K Mulki Alias Nandkumar K Mulaki (Deceased)

Satyanarayan Baijnath Yadav Vs Baijnath Govindram Yadav

Venichand Nathulal Jain vs Nathulal Kapurchand Jain - Deceased