Anurag Yogesh Gaur vs Yogesh Tanshing Gaur Deceased — Bombay HC (2025) — LawSathi Research

Anurag Yogesh Gaur vs Yogesh Tanshing Gaur Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Grant/issue of Legal Heirship Certificate to the Petitioner Anurag Yogesh Gaur alongwith Mrs. Sundri Yogesh Gaur, Smt. Tulika Dhananjay Tayshete and Divya Bimal Parikh, declared as legal heirs of deceased Yogesh T. Gaur under Section 2 of the Bombay Regulation VIII of 1827; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any.

Issue for consideration

Whether a Legal Heirship Certificate should be issued to the Petitioner Anurag Yogesh Gaur alongwith Mrs. Sundri Yogesh Gaur, Smt. Tulika Dhananjay Tayshete and Divya Bimal Parikh, declaring them legal heirs of the deceased Yogesh T. Gaur under Section 2 of Bombay Regulation VIII of 1827.

Court's answer

There being no impediment, the Misc. Petition is allowed and disposed of in terms of prayer clause (a), i.e., grant/issue of the Legal Heirship Certificate to the Petitioner alongwith Mrs. Sundri Yogesh Gaur, Smt. Tulika Dhananjay Tayshete and Divya Bimal Parikh declared as legal heirs of deceased Yogesh T. Gaur under Section 2 of the Bombay Regulation VIII of 1827.

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¶¶20
The Misc. Petition is allowed and disposed of subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶¶23

Detailed headnote1 paragraphs

Misc. Petition No. 322 of 2025 (Testamentary & Intestate Jurisdiction, High Court of Judicature at Bombay), decided on 20 September 2025 by Milind N. Jadhav, J. — Petitioner Anurag Yogesh Gaur sought 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 Yogesh Thansing Gaur, joint consent affidavits dated 04.05.2023 of the legal heirs being on record (pages 22-25 of the Petition). Holding there was no impediment in allowing the Petition, the Court allowed and disposed of it in terms of prayer clause (a), declaring the Petitioner alongwith Mrs. Sundri Yogesh Gaur, Smt. Tulika Dhananjay Tayshete and Divya Bimal Parikh as legal heirs of the deceased; issuance of proclamation was dispensed with; the Department was directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any.

5. MPT-322-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

MISC. PETITION NO. 322 OF 2025

Yogesh Thansing Gaur .. Deceased

Anurag Yogesh Gaur .. Petitioner

Mr. Kishore Mulji Maru, Advocate for Petitioner

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 20, 2025

P. C.:

1. Heard Mr. Maru, 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 abovenamed. The names and details of legal heirs of the deceased are stated in paragraph No. 5 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 6 of the Petition. I have perused the same.

3. Joint consent affidavits dated 04.05.2023 of the legal heirs are filed on record and appended at page No. 22-25 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) which read thus:-

"(a) That this Hon'ble Court be pleased to grant / issue the Legal

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5. MPT-322-25.docx

Heirship Certificate to the Petitioner alongwith Mrs. Sundri Yogesh Gaur, Smt. Tulika Dhananjay Tayshete and Divya Bimal Parikh be declared as a legal heir of deceased Yogesh T. Gaur under Section 2 of the Bombay Regulation VIII of 1827."

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.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2025.09.22 19:07:10 +0530

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