Allowed¶14

Asha Jaywant Awchite v. Jaywant Shankar Awchite Deceased

Bombay HC19 Sept 2025MPT/488/2025

Case brief

AI extract

What is this about?

Legal heirship certificate; Section 2, Bombay Regulation VIII of 1827; family pension; unmarried daughter; deceased Jaywant Shankar Awchite; affidavits-cum-No Objection Certificates by other legal heirs; proclamation dispensed with; Department directed to issue certificate within 3 weeks; Bombay High Court Testamentary & Intestate Jurisdiction; Misc. Petition No. 488 of 2025; Milind N. Jadhav, J.

What did the court decide?

Misc. Petition allowed and disposed of in terms of prayer clause (a): grant of heirship certificate to petitioner Asha Jaywant Awchite (unmarried daughter of the deceased) for family pension purposes; proclamation dispensed with; Department directed to issue the legal heirship certificate within 3 weeks, subject to compliance of office objections, if any. ¶14

Asha Jaywant Awchite vs Jaywant Shankar Awchite Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, stated to be the unmarried daughter of the deceased Jaywant Shankar Awchite, is entitled to grant of an heirship certificate for the purpose of obtaining the family pension of her deceased father. +1 more

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Court's answer

With the affidavits-cum-No Objection Certificates of the other legal heirs on record, the court found there was no impediment in allowing the Petition and allowed and disposed of it in terms of prayer clause (a), i.e., grant of the heirship certificate to the petitioner.

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Ratio / Principle

Issuance of proclamation stands dispensed with.

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Key takeaways

The Department is directed to issue the legal heirship certificate within a period of three weeks from the date of the order, positively.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Testamentary & Intestate Jurisdiction (Milind N. Jadhav, J.; 19.09.2025) - Misc. Petition No. 488 of 2025: Petition by Asha Jaywant Awchite under Section 2 of Bombay Regulation VIII of 1827 for a legal heirship certificate in respect of the properties and credits of deceased Jaywant Shankar Awchite, sought for grant of the family pension to the petitioner as the deceased's unmarried daughter. Affidavits-cum-No Objection Certificates of the other legal heirs were on record (pages 33-35 of the petition). Finding no impediment, the court allowed and disposed of the Petition in terms of prayer clause (a), dispensed with issuance of proclamation, and directed the Department to issue the legal heirship certificate within three weeks, subject to compliance of office objections, if any.

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917. MPT-488-25.docx

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Amberkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY & INTESTATE JURISDICTION

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MISC. PETITION NO. 488 OF 2025

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Jaywant Shankar Awchite .. Deceased

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Asha Jaywant Awchite .. Petitioner

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Mr. Satsang Tailor, Advocate for Petitioner

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CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 19, 2025

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P. C.:

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1. Heard Mr. Tailor, 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 Jaywant Shankar Awchite. The names and details of legal heirs of the deceased are stated in paragraph No. 3 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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3. The affidavit cum No-Objection Certificate singed by other legal heirs are filed on record and appended at page No. 33-35 of Petition.

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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 clauses (a) which read thus:-

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917. MPT-488-25.docx

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"(a) The Hon'hle Court be pleased to grant heirship certificate in the name of the abovenamed applicant in respect of granting the family pension of her deceased father as the Applicant is the unmarried daughter of the deceased, entitled for the same;

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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 as

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

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Amberkar

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[ MILIND N. JADHAV, J. ]

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Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:2025.09.20 15:16:53 +0530

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Asha Jaywant Awchite v. Jaywant Shankar Awchite Deceased

Case brief

What is this about?

What did the court decide?

Asha Jaywant Awchite v. Jaywant Shankar Awchite Deceased

Case brief

What is this about?

What did the court decide?

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What the court decided

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