Deepchand Shivdhan Jaiswar v. Sanjanadevi Shivdhan Jaiswar alias Sajnadevi Harijan Jaiswar (Deceased)

Bombay HC9 Apr 2025MPT/193/2025

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Bombay Regulation VIII of 1827 Section 2; Hindu Succession Act 1956; intestate succession; Bombay High Court Testamentary and Intestate Jurisdiction; Miscellaneous Petition 193 of 2025; Deepchand Shivdhan Jaiswar; Sanjanadevi Shivdhan Jaiswar; death 01.09.2005 Mumbai; Arif S. Doctor J; petition allowed; certificate in standard format.

What did the court decide?

Legal Heirship Certificate granted in terms of prayer clause (a); Registry directed to issue the certificate in the standard format prescribed. ¶¶20

Deepchand Shivdhan Jaiswar vs Sanjanadevi Shivdhan… — Succession and Inheritance | Bombay HC (2025)

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1 22-MPT 193-25.doc

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

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MISCELLANEOUS PETITION NO.193 OF 2025

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Sanjanadevi Shivdhan Jaiswar alias Sajnadevi Harijan Jaiswar … Deceased

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Deepchand Shivdhan Jaiswar … Petitioner

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Adv. Soham Jadhav i/b Yogesh Gupta for the Petitioner.

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P.C. :

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1 The Petitioner seeks the grant of a Legal Heirship Certificate under

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the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Sanjanadevi Shivdhan Jaiswar alias Sajnadevi Harijan Jaiswar alias Nirnkari Sanjana (‘the deceased’), who died in Mumbai on 01.09.2005. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

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2 The Petitioner is the sole legal heir and next of kin according to Hindu Succession Act, 1956.

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3 The reason for which the Legal Heirship Certificate is required is set out

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Ajit

2 22-MPT 193-25.doc

in paragraph 10 of the Miscellaneous Petition.

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4 The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

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5 I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

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6 The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

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“ (a) That Legal Heirship Certificate be issued Certifying that the Petitioner are only Heir and Legal Representative of the Deceased under the provision of Bombay Regulation Act VIII of 1827.”

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7 The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

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