Ranjana Haribhau Jogadand vs Fulabai Haribhau… — Succession and Inheritance | Bombay HC (2025)

Ranjana Haribhau Jogadand vs Fulabai Haribhau… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 certifying Ranjana Haribhau Jogdand (daughter), Sunil Haribhau Jogdand and Ankush Haribhau Jogdand (sons) as the legal heirs and legal representatives of the deceased Fulabai Haribhau Jogdand; Registry directed to issue the certificate in the standard format; Miscellaneous Petition disposed of.

Issue for consideration

Whether a Legal Heirship Certificate should be granted to the Petitioner under Section 2 of the Bombay Regulation VIII of 1827 in respect of the deceased Fulabai Haribhau Jogdand, certifying her surviving heirs and next of kin.

Court's answer

Despite due and diligent search no Will of the deceased was found; the deceased is assumed to have died intestate.

Ratio / Principle

As no other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed, there is no impediment in law to the grant of relief.

Key takeaways

The Miscellaneous Petition is allowed in terms of prayer clause (a): the Legal Heirship Certificate is granted certifying Ranjana Haribhau Jogdand (daughter) and Sunil Haribhau Jogdand and Ankush Haribhau Jogdand (sons) as the legal heirs and legal representatives of the deceased Fulabai Haribhau Jogdand under the Bombay Regulation Act VIII of 1827.ratio¶23
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Miscellaneous Petition No. 275 of 2025, decided by Arif S. Doctor, J. on 07 May 2025: The Petitioner, Ranjana Haribhau Jogdand, sought a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of her mother Fulabai Haribhau Jogdand, who died in Mumbai on 18th September 2002. No Will was found despite due and diligent search and the deceased was assumed to have died intestate; her heirs and next of kin under the Hindu Succession Act, 1956 were her daughter Ranjana (the Petitioner) and sons Sunil Haribhau Jogdand and Ankush Haribhau Jogdand. Proclamation directed by order dated 9th January 2024 was served on the sons with affidavit of service filed, yet none appeared for the noticees nor objected despite being given further chances (order dated 10th June 2024). Finding no impediment in law, the Court allowed the Petition in terms of prayer clause (a), declaring the daughter and two sons to be the legal heirs and legal representatives of the deceased, and directed the Registry to issue the Legal Heirship Certificate in the standard format; Petition disposed of.

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Shailaja

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

MISCELLANEOUS PETITION NO.275 OF 2025

Fulabai Haribhau Jogdand … Deceased Ranjana Haribhau Jogdand … Petitioner

Mr. Kaustubh Javle a/w Mr. Chirag Rathod h/f Thakur and Associates, for the Petitioner.

CORAM : ARIF S. DOCTOR, J. DATE : 07TH MAY 2025

P.C. :

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 Fulabai Haribhau Jogdand (‘the deceased’), who died in Mumbai on 18th September, 2002. 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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SHAILAJASHRIKANT Digitally signed by SHAILAJASHRIKANT HALKUDEDate: 2025.05.09 14:00:31 HALKUDE +0530

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The deceased left behind her surviving as her only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 12 of the Miscellaneous Petition.

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.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. Learned Counsel points out that this Court vide an order dated 9th January, 2024 directed to issue proclamation to Mr. Sunil Haribhau Jogdand and Mr. Ankush Haribhau Jogdand. He further invites my attention of an order dated 10th June, 2024 which records thus;

“1. Heard the learned Counsel for the petitioner.

2.The learned Counsel for the petitioner submits that the petitioner has served the proclamation on Sunil Haribhau Jogdand and Ankush Haribhau Jogdand, who are her brothers, and an affidavit of service has been filed.

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None appears for the noticees Mr. Sunil Jogdand and Ankush Jogdand, the sons of the deceased.

By way of indulgence and with a view to give one more chance to the sons of the deceased to contest the petition, if they choose to, stand over to 18th June, 2024”

Learned Counsel submits that service affidavit has been filed in the Registry despite which today none appears. As noted earlier, no one has come to object. The Miscellaneous Petition is, therefore, allowed in terms of prayer clause (a) which reads as under :-

(a) That the Heirship Certificate may be granted certifying that petitioner Ranjana Haribhau Jogadand alias Ranjana Haribhau Jogdand, the Daughter of the deceased, and Sunil Haribhau Jogdand & Ankush Haribhau Jogdand, Sons of the deceased respectively to be declared as the legal heir and legal representative of the deceased Fulabai Haribhau Jogdand (alias Phoolabai Haribhau Jogdand), under the provision of the Bombay Regulation Act VIII of 1827”.

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

The Miscellaneous Petition is accordingly disposed of.

[ARIF S. DOCTOR, J.]

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