Allowed¶20

Rajashree Chandrakant Thombre v. Bhalchandra Bhaskar Mhatre

Bombay HC13 Jun 2025MPT/284/2025

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Bombay Regulation VII of 1827 Section 2; Bombay Regulation Act VIII of 1827; Section 15(a) Hindu Succession Act 1956; Testamentary and Intestate Jurisdiction; Miscellaneous Petition (L) No. 300 of 2025; Kamal Khata J; heirs of Bhalchandra Bhaskar Mhatre; Rajshree Chandrakant Thombre; proclamation dispensed; consent affidavits by legal heirs; Bombay High Court order dated 20 June 2025.

What did the court decide?

Legal Heirship Certificate issued in terms of prayer clause (a) certifying that the Petitioner and other two are the Heirs and Legal Representative of the Deceased under the provision of Bombay Regulation Act, VIII of 1827 (details as in para 4 of the Petition); requirement of proclamation dispensed with (prayer clause (b)); all concerned to act on an authenticated copy of the order. ¶20

Rajashree Chandrakant Thombre vs Bhalchandra… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Legal Heirship Certificate should be issued under Section 2 of the Bombay Regulation VII of 1827 certifying the heirs and legal representatives of the deceased Bhalchandra Bhaskar Mhatre. +1 more

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Court's answer

In terms of prayer clause (a), a Legal Heirship Certificate certifying that the Petitioner and other two are the Heirs and Legal Representative of the Deceased under the provision of Bombay Regulation Act, VIII of 1827, with details as mentioned in para 4 of the Petition, is granted.

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Ratio / Principle

Having heard the submissions and perused the material placed on record, the Court allowed the Petition.

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Key takeaways

The requirement of proclamation is dispensed with.ratio¶21
The Petition is made absolute in terms of prayer clauses (a) and (b).ratio¶22

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Testamentary and Intestate Jurisdiction — Miscellaneous Petition (L) No. 300 of 2025, decided 20 June 2025 by Kamal Khata, J. Petitioner Rajshree Chandrakant Thombre, a married daughter of the deceased Bhalchandra Bhaskar Mhatre (who passed away in Mumbai on 28 February 2016), sought a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of the heirs: (1) Rajesh Bhalchandra Mhatre (son, died 25 April 2016), (2) Kunda Rajesh Mhatre (daughter-in-law), (3) Pramila Chinnu Ansari (married daughter), and (4) the petitioner (married daughter). Counsel stated the heirs were named as required under Section 15(a) of the Hindu Succession Act, 1956; the death certificate was annexed as Exhibit 'A'; and all other legal heirs filed Consent Affidavits. The Court allowed the Petition, dispensed with the requirement of proclamation, and made the Petition absolute in terms of prayer clauses (a) and (b), granting a Legal Heirship Certificate certifying that the Petitioner and other two are the Heirs and Legal Representative of the Deceased under the provision of Bombay Regulation Act, VIII of 1827 (as printed in the prayer clause; the body of the order refers to 'Bombay Regulation VII of 1827'). All concerned were directed to act on an authenticated copy of the order.

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10-MPT-300-2025.DOC

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sumedh

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

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MISCELLANEOUS PETITION (L) NO. 300 OF 2025

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Bhalchandra Bhaskar Mhatre … Deceased Rajshree Chandrakant Thombre D/o. Bhalchandra Bhaskar Mhatre … Petitioner

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Mr. Ganesh Ambekar i/by Adv. Khushal Jadhavar for the Petitioner.

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CORAM : Kamal Khata, J. DATED : 20^th June 2025.

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P.C.:-

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This Petition seeks the issuance of a Legal Heirship

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Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of the following heirs of the deceased, who passed away in Mumbai on 28^th February 2016:

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(1) Rajesh Bhalchandra Mhatre, died on 25^th April, 2016 (son),

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(2) Kunda Rajesh Mhatre, (daughter in law),

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Page 1 of 3

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10-MPT-300-2025.DOC

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(3) Pramila Chinnu Ansari D/o. Bhalchandra Bhaskar Mhatre (married daughter),

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(4) Rajashree Chandrakant Thombre D/o. Bhalchandra Bhaskar Mhatre (married daughter).

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A copy of the deceased’s death certificate is annexed to the Petition as Exhibit ‘A’.

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Learned Advocate Mr. Ambekar for the Petitioner submits that the names of the legal heirs and next of kin, as required under Section 15(a) of the Hindu Succession Act, 1956, are stated in paragraph 4 of the Petition. He further submits that the reasons for seeking the Legal Heirship Certificate are detailed in paragraph 9 of the Petition.

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It is brought to the attention of this Court that all other legal heirs of the deceased have filed Consent Affidavits.

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Having heard the submissions and perused the material placed on record, the Petition is allowed.

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The requirement of proclamation is hereby dispensed with.

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The Petition is made absolute in terms of prayer clauses (a) and (b), which read as follows:

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Page 2 of 3

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10-MPT-300-2025.DOC

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“a. That Legal Heirship Certificate be issued

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Certifying that the Petitioner and other two are the Heirs and Legal Representative of the Deceased under the provision of Bombay Regulation Act, VIII of 1827, details are mentioned in para No.4 of the Petition.

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b. That the Proclamation may be dispense with”

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All concerned shall act on an authenticated copy of this

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order.

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(Kamal Khata, J.)

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Page 3 of 3

Rajashree Chandrakant Thombre v. Bhalchandra Bhaskar Mhatre

Case brief

What is this about?

What did the court decide?

Rajashree Chandrakant Thombre v. Bhalchandra Bhaskar Mhatre

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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