Allowed¶13

Sagar Sarjerao Sable v. Indubai Sarjerao Sable Alias Sable Indubai Sarjerao

Bombay HC30 Apr 2025MPT/256/2025

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Bombay Regulation VIII of 1827; Section 2; Testamentary and Intestate Jurisdiction; Bombay High Court; Misc. Petition 256 of 2025; Milind N. Jadhav; adopted son; sole legal heir; deceased Indubai Sarjerao Sable alias Sable Indubai Sarjerao; petitioner Sagar Sarjerao Sable; properties and credits of deceased; proclamation dispensed with; office objections; 3 weeks; heirs certificate; succession; 10 October 2025.

What did the court decide?

Issuance of a Legal Heirship Certificate under Bombay Regulation VIII of 1827 in terms of prayer clause (a), certifying the Petitioner as the only heir and legal representative of the deceased; proclamation dispensed with; Department directed to issue the certificate within 3 weeks, such period running from removal of office objections. ¶13

Sagar Sarjerao Sable vs Indubai Sarjerao Sable Alias Sable Indubai Sarjerao — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the Petitioner, stated to be the sole legal heir (adopted son) of the deceased, is entitled to issuance of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased.

¶12

Court's answer

There can be no impediment in allowing the Petition; the Misc. Petition is allowed and disposed of in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate certifying the Petitioner as the only heir and legal representative of the deceased.

¶13

Ratio / Principle

Issuance of proclamation stands dispensed with.

¶17

Key takeaways

The Department is directed to issue the legal heirship certificate within a period of 3 weeks from the date of the order.ratio¶18-19
The Misc. Petition is allowed and disposed of subject to compliance of office objections, if any, which shall be allowed by the Department.ratio¶20
The 3-week period for issuance of the certificate shall start from the date of removal of office objections.ratio

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J. — Misc. Petition No. 256 of 2025 (decided October 10, 2025): Allowed and disposed of in terms of prayer clause (a). Sagar Sarjerao Sable, stated to be the sole legal heir (adopted son) of the deceased Indubai Sarjerao Sable alias Sable Indubai Sarjerao, sought a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased. The Court found no impediment and issued the certificate; issuance of proclamation was dispensed with; the Department was directed to issue the certificate within 3 weeks, the period to run from the date of removal of office objections, subject to compliance of office objections.

Sagar Sarjerao Sable v. Indubai Sarjerao Sable Alias Sable Indubai Sarjerao

Case brief

What is this about?

What did the court decide?

Sagar Sarjerao Sable v. Indubai Sarjerao Sable Alias Sable Indubai Sarjerao

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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