Allowed

Rajendra Yashvantrao Rajeshirke v. Yashvantrao Manysaheb Rajeshirke (Deceased)

Bombay HC23 Jan 2024MPT/2/2024

Case brief

AI extract

What is this about?

Petition under Bombay Regulation VIII of 1827 seeking a legal heirship certificate for the surviving legal heirs of an intestate deceased. The court accepted the petition, dispensed with proclamation, and issued the certificate.

What did the court decide?

Legal heirship certificate issued certifying petitioner and listed heirs as only legal representatives of the deceased.

Rajendra Yashvantrao Rajeshirke Vs Yashvantrao… — Succession and Inheritance | Bombay HC (2024)

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27_MPT2_24.doc

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

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MISCELLANEOUS PETITION NO.2 OF 2024

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Rajendra Yashvantrao Rajeshirke … Petitioner Yashvantrao Manysaheb Rajeshirke … Deceased

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Mr. Prabhu Velar i/b. Mr. Sanjay S. Gawde for Petitioner.

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CORAM : MANISH PITALE, J. DATE : JANUARY 23, 2024

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P.C. :

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. Heard learned counsel for the petitioner.

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By this petition filed under the provisions of the Bombay Regulation Act VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased, who expired on 29.12.2016. Copy of the death certificate is annexed to the petition. It is stated that the deceased was a resident of Kolhapur at the time of his death but the present petition is filed before this Court for the reason that some of the properties left behind by the deceased are within the jurisdiction of this Court. It is further stated that the deceased died intestate, without leaving behind any Will.

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In paragraph 5 of the petition, the details of the surviving legal heirs have been given, which include the widow, six sons (including the petitioner) and one daughter of the deceased. It is stated that the parents of the deceased predeceased him. The consent affidavits of all legal heirs other than the petitioner are annexed to this petition.

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In view of the material placed on record, the petition is accepted and proclamation is dispensed with.

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MINALSANDIPPARAB Digitally signedby MINALSANDIP PARABDate:2024.01.2414:27:13 +0530

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27_MPT2_24.doc

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The petition is allowed in terms of prayer clause (a), which readsz as follows:-

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“a. This Hon’ble Court be pleased to issue a the Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner and other Legal Heirs as mentioned in paragraph 5 of the petition are the only heirs and legal representatives of the deceased Yashvantrao Manyasaheb Rajeshirke;”

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(MANISH PITALE, J.)

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Minal Parab

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Rajendra Yashvantrao Rajeshirke v. Yashvantrao Manysaheb Rajeshirke (Deceased)

Case brief

What is this about?

What did the court decide?

Rajendra Yashvantrao Rajeshirke v. Yashvantrao Manysaheb Rajeshirke (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

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