Gajanan Ramchandra Patade vs Ramchandra Tukaram Patade — Bombay HC (2025) — LawSathi Research

Gajanan Ramchandra Patade vs Ramchandra Tukaram Patade — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Legal Heirship Certificate to be issued under Bombay Regulation Act VIII of 1827 certifying that the Petitioner Gajanan Ramchandra Patade, along with the heirs mentioned in paragraph 4 of the Petition, are the only heirs and legal representatives of the deceased Ramchandra Tukaram Patade; delay in filing the Petition condoned; 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 the Petitioner 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 Ramchandra Tukaram Patade. +1 more

Court's answer

In view of the consent affidavits of the legal heirs on record, there can be 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 that the Petitioner along with the heirs mentioned in paragraph 4 of the Petition are the only heirs and legal representatives of the deceased.

Ratio / Principle

The delay in filing the Petition stands condoned, the Petition having been disposed of in terms of prayer clause (a).

Key takeaways

Issuance of proclamation stands dispensed with.ratio¶19
The Department is directed to issue the legal heirship certificate positively within a period of 3 weeks from the date of the order.ratio¶20
The Petition is allowed and disposed of subject to compliance of office objections, if any, which shall be allowed by the Department.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Testamentary & Intestate Jurisdiction (Milind N. Jadhav, J.), Miscellaneous Petition No. 327 of 2025, decided 3 October 2025 — Petition by Gajanan Ramchandra Patade under Section 2 of Bombay Regulation VIII of 1827 for a legal heirship certificate in respect of the properties and credits of the deceased Ramchandra Tukaram Patade. Consent affidavits dated 22.10.2024 of the legal heirs (printed as Ashwini Ail Thotam and Reshma Tukaram Bhogle) were on record at pages 38 and 43 of the Petition. Held: there being no impediment, the Petition was allowed and disposed of in terms of prayer clauses (a) and (b) — delay in filing condoned, and a Legal Heirship Certificate directed to be issued certifying the Petitioner and the heirs named in paragraph 4 of the Petition as the only heirs and legal representatives of the deceased. Issuance of proclamation was dispensed with, and the Department was directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any.

60.MPT.327.2025.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 327 OF 2025

Ramchandra Tukaram Patade .. Deceased Gajanan Ramchandra Patade .. Petitioner

Mr. Praful Pawar, Advocate for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 3, 2025.

P.C.:

1. Heard Mr. Pawar, 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 Ramchandra Tukaram Patade. 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 Nos. 7 and 8 of the Petition. I have perused the same.

3. Consent affidavits dated 22.10.2024 of Ashwini Ail Thotam

an Reshma Tukaram Bhogle, the legal heirs are filed on record and appended at page Nos. 38 and 43 of Petition.

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60.MPT.327.2025.doc

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) This Hon’ble Court be pleased to condone the delay in filing present Petition.

b) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that the Petitioner along with the heirs mentioned in Para 4 above are the only heirs and legal representatives of the said deceased.”

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 by AJAYTRAMBAK AJAY TRAMBAKUGALMUGALE UGALMUGALE Date: 2025.10.0612:18:06 +0530

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