Vilas Shridhar Shigwan v. Late Dhondu Mahadeo Shinde (Deceased)

Bombay HC14 Aug 2025MPT/435/2025

Case brief

AI extract

What is this about?

Legal heirship certificate; Section 2, Bombay Regulation VIII of 1827; Testamentary & Intestate Jurisdiction, High Court of Judicature at Bombay; Miscellaneous Petition No. 435 of 2025; deceased Dhondu Mahadeo Shinde; heirs/beneficiaries Vilas Shridhar Shigwan, Suyog Vijay Shigwan, Sakshi Vijay Shigwan; joint consent affidavit dated 18.03.2025; Jayashri Mahadeo Shinde death certificate not produced (expired April 1944); Narayan Shantaram Shigwan; proclamation dispensed with; Milind N. Jadhav, J.; decided 20 September 2025.

What did the court decide?

Legal Heirship Certificate granted to the petitioner, Suyog Vijay Shigwan and Sakshi Vijay Shigwan having effect throughout India; issuance of proclamation dispensed with; disposal subject to compliance of office objections, if any. ¶¶17

Vilas Shridhar Shigwan vs Late Dhondu Mahadeo Shinde (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Legal Heirship Certificate should be granted to the petitioner, Suyog Vijay Shigwan and Sakshi Vijay Shigwan, having effect throughout India, in respect of the properties and credits of the deceased Dhondu Mahadeo Shinde under Section 2 of Bombay Regulation VIII of 1827.

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Court's answer

Despite the petitioner not producing the death certificate of the deceased's sister Jayashri Mahadeo Shinde (who expired in April 1944) as it was not in her possession, the Court held there was no impediment in allowing the Petition, and allowed and disposed of the Misc. Petition in terms of prayer clause 16, i.e., granting the Legal Heirship Certificate to the petitioner, Suyog Vijay Shigwan and Sakshi Vijay Shigwan having effect throughout India.

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Ratio / Principle

Issuance of proclamation stands dispensed with.

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Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Coram: Milind N. Jadhav, J. — Miscellaneous Petition No. 435 of 2025, decided 20 September 2025. Petitioner Vilas Shridhar Shigwan sought a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Dhondu Mahadeo Shinde, jointly for himself and legal heirs Suyog Vijay Shigwan and Sakshi Vijay Shigwan, supported by a joint consent affidavit dated 18.03.2025. The petitioner did not produce the death certificate of the deceased's sister Jayashri Mahadeo Shinde (married to Narayan Shantaram Shigwan; expired April 1944) as it was not in her possession. Finding 'no impediment', the Court allowed and disposed of the Petition in terms of prayer clause 16, granting the certificate with effect throughout India; issuance of proclamation was dispensed with, and disposal was made subject to compliance of office objections, if any.

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17.435.2025.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY & INTESTATE JURISDICTION

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MISCELLANEOUS PETITION NO. 435 OF 2025

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Dhondu Mahadeo Shinde .. Deceased Vilas Shridhar Shigwan .. Petitioner

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Mr. Prakash U. Sutar, Advocate for Petitioner.

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

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P.C.:

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

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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 Dhondu Mahadeo Shinde. 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.8 of the Petition. I have perused the same.

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3. Joint consent affidavit dated 18.03.2025 of Sakshi Vijay Shigwan and Suyog Vijay Shigwan, the legal heirs are filed on record and appended at page No.35 of Petition. It is Petitioner’s case that sister of deceased, Jayashri Mahadeo Shinde, married to Narayan Shantaram Shigwan and she expired in April 1944. It is Petitioner’s

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17.435.2025.doc

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case that she has not produced death certificate of Jayashri Mahadeo Shinde as it is not in her possession.

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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 at paragraph No. 16 which read thus:-

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“16. The petitioner therefore prays that:That Legal Heirship Certificate may be granted to the petitioner, Suyog Vijay Shigwan and Sakshi Vijay Shigwan having effect throughout India.”

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5. Issuance of proclamation stands dispensed with.

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6. Department is directed to issue the legal heirship certificate

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

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7. Misc. Petition is allowed and disposed subject to compliance

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of office objections, if any, forthwith which shall be allowed by the Department.

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[ MILIND N. JADHAV, J. ]