Kiran Anil Jadhav vs Indubai Jadhav alias Indubai Jadhav Widow of Sumant Jadhav (Deceased) — Bombay HC (2025) — LawSathi Research

Kiran Anil Jadhav vs Indubai Jadhav alias Indubai Jadhav Widow of Sumant Jadhav (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Legal heirship certificate issued under Bombay Regulation Act VIII of 1827 certifying (1) Kiran Anil Jadhav (grandson, the petitioner), (2) Sneha Anil Jadhav (granddaughter), (3) Sanjay Sumant Jadhav (son) and (4) Alka Achit Etambe (married daughter) as the only heirs and legal representatives of deceased Indubai Jadhav; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any, which shall be allowed by the Department.

Issue for consideration

Whether a legal heirship certificate should be issued under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Indubai Jadhav, certifying the petitioner and three other named persons as the only heirs and legal representatives of the deceased. +1 more

Court's answer

There being consent affidavits of the legal heirs on record, there is no impediment in allowing the Petition; the Misc. Petition is allowed and disposed of in terms of prayer clauses (a) and (b), i.e., a legal heirship certificate is to be issued under Bombay Regulation Act VIII of 1827 certifying (1) Kiran Anil Jadhav (grandson, the petitioner), (2) Sneha Anil Jadhav (granddaughter), (3) Sanjay Sumant Jadhav (son) and (4) Alka Achit Etambe (married daughter) as the only heirs and legal representatives of the deceased.

Ratio / Principle

Issuance of proclamation stands dispensed with.

Key takeaways

The Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today, positively.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Misc. Petition No. 307 of 2025, decided 12 September 2025 (Milind N. Jadhav, J.). Allowed and disposed the petition of Kiran Anil Jadhav for 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 Indubai Jadhav W/o Sumant Jadhav. With consent affidavits dated 04.03.2025 of the heirs Sneha Anil Jadhav, Sanjay Sumant Jadhav and Alka Achit Etambe on record, the Court found no impediment and certified (1) Kiran Anil Jadhav (grandson, the petitioner), (2) Sneha Anil Jadhav (granddaughter), (3) Sanjay Sumant Jadhav (son) and (4) Alka Achit Etambe (married daughter) as the only heirs and legal representatives of the deceased; dispensed with issuance of proclamation; and directed the Department to issue the certificate within 3 weeks, positively, subject to compliance of office objections, if any.

113.MPT.307.2025.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 307 OF 2025

Indubai Jadhav alias Indubai Jadhav W/o. Sumant Jadhav alias Indubai Jadhav W/o. Sumant alias Indubai Jadhav W/o. Sumanth Jadhav alias Indubai Sumant Jadhav .. Deceased

Kiran Anil Jadha .. Petitioner

Mr. Manoj M. Mane, Advocate for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 12, 2025.

P.C.:

1. Heard Mr. Mane , learned Advocate for Petitioner.

2. Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Indubai Jadhav alias Indubai Jadhav W/o. Sumant Jadhav alias Indubai Jadhav W/o. Sumant alias Indubai Jadhav W/o. Sumanth Jadhav alias Indubai Sumant Jadhav. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

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113.MPT.307.2025.doc

3. Consent affidavits dated 04.03.2025 of Sneha Anil Jadhav, Sanjay Sumant Jadhav and Alka Achit Etambe, the legal heirs are filed on record and appended at page No.29, 34 and 39 of Petition.

4. In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses 'a' and 'b' which read thus:-

"'a') That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827Certifying that (1) Kiran Anil Jadhav (Grand Son of the deceased and the Petitioner herein), (2) Sneha Anil Jadhav (Grand Daughter of the Deceased), (3) Sanjay Sumant Jadhav (Son of the deceased) and (4) Alka Achit Etambe(Married Daughter of the deceased), are the only heirs and Legal representative of the deceased.

b) That issuance of Proclamation be dispensed with."

5. Issuance of proclamation stands dispensed with.

6. Department is directed to issue the legal heirship certificate

as directed above within a period of 3 weeks from today positively.

7. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2025.09.13 17:48:41 +0530

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