Vibha Sudhir Dubey v. Sudhir Ravishankar Dubey (Deceased)

Bombay HC15 Apr 2025MPT/199/2025

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Bombay Regulation VIII of 1827 (Section 2; Rule 2); intestate death; Hindu Succession Act, 1956; Testamentary and Intestate Jurisdiction; High Court of Judicature at Bombay; Miscellaneous Petition No.199 of 2025; Sudhir Ravishankar Dubey; Vibha Sudhir Dubey; minor legal heirs; affidavit on behalf of co-heirs; Registry verification; no competing petition for Probate/Succession Certificate/Letters of Administration; proclamation dispensed with; disposed 15th April 2025.

What did the court decide?

Legal Heirship Certificate granted to the Petitioner (Vibha Sudhir Dubey) and the legal heirs of the deceased in terms of prayer clause (a); the Registry is directed to issue the Certificate in the standard prescribed format, and issuance of proclamation is dispensed with. ¶¶19

Vibha Sudhir Dubey vs Sudhir Ravishankar Dubey… — Succession and Inheritance | Bombay HC (2025)

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1 33-MPT 199-25.doc

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

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MISCELLANEOUS PETITION NO.199 OF 2025

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Sudhir Ravishankar Dubey … Deceased Vibha Sudhir Dubey … Petitioner

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Mr. Sachin Kannaujiya for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 15TH APRIL 2025

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P.C. :

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Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2025.04.16 11:29:06 +0530

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The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Sudhir Ravishankar Dubey (‘the deceased’), who died at Mumbai on 5th March 2023. 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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The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

Mugdha

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The reason for which the Legal Heirship Certificate is required is

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set out in paragraphs 6 and 7 of the Miscellaneous Petition.

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The Petitioner has filed Affidavit on behalf of the other legal heirs, who are stated to be minor children of the deceased.

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

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“(a) That an Heirship Certificate be granted to the Petitioner and legal heirs, as heirs of Deceased Mr. Sudhir Ravishankar Dubey as per Rule 2 of Bombay Regulation VIII of 1827;”

Mugdha

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