Pravin Keshav More And 2 Ors. vs Keshav Bhagoji… — Succession and Inheritance | Bombay HC (2025)

Pravin Keshav More And 2 Ors. vs Keshav Bhagoji… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Legal Heirship Certificate to be issued by the Registry in the standard prescribed format, certifying Mr. Pravin Keshav More, Mr. Chaitanya Keshav More (son of the deceased) and Mrs. Suvarna Mahesh Dalvi (daughter of the deceased) as legal representatives/legal heirs of the deceased under the provisions of the Bombay Regulation Act VIII of 1827; the Miscellaneous Petition stands disposed of accordingly.

Issue for consideration

Whether the Petitioners are entitled to the grant of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of Keshav Bhagoji More and Sunita Keshav More, who are stated to have died intestate.

Court's answer

As no other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration (with or without Will annexed) has been filed, there is no impediment in law to the grant of relief.

Ratio / Principle

Having heard the learned Counsel for the Petitioner and perused the Petition, the Court found the Petition to be in order and deserving to be allowed in the interest of justice.

Key takeaways

The Miscellaneous Petition is allowed in terms of prayer clause (A), i.e., issuance of the Legal Heirship Certificate certifying the Petitioners as legal representatives/legal heirs of the deceased under the provisions of the Bombay Regulation Act VIII of 1827.ratio¶¶17

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Miscellaneous Petition No. 98 of 2025, decided on 06.03.2025 by Arif S. Doctor, J. The Petitioners sought a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827 in respect of Keshav Bhagoji More and Sunita Keshav More, who died in Mumbai on 06.08.2013 and 14.01.2022 respectively. Despite due and diligent search no Will of the deceased was found, and the deceased were therefore assumed to have died intestate, leaving the Petitioners as their only heirs and next of kin according to the Hindu Succession Act, 1956. The Registry verified the Petition and recorded that no other Petition for a Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration (with or without Will annexed) had been filed, so there was no impediment in law to the grant of relief. Finding the Petition to be in order, the Court allowed it in terms of prayer clause (A) and directed the Registry to issue the Legal Heirship Certificate in the standard prescribed format, certifying Pravin Keshav More, Chaitanya Keshav More (son of the deceased) and Suvarna Mahesh Dalvi (daughter of the deceased) as the legal representatives/legal heirs of the deceased.

1 32-MPT-98-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 98 OF 2025

Pravin Keshav More & Ors ...Petitioners

Keshav Bhagoji More & Sunita Keshav More

...Deceased

Adv. D. R. Maruti for the Petitioners.

CORAM : ARIF S. DOCTOR, J. DATE : 06TH MARCH, 2025

P.C. :

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Keshav Bhagoji More and Sunita Keshav More (‘the deceased’), who died in Mumbai on 06.08.2013 and 14.01.2022 respectively. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

The deceased left behind them the Petitioners surviving as their only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 6 of the Miscellaneous Petition.

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2 32-MPT-98-2025.doc

The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (A) which reads as under :-

“ A) The Legal Heirship Certificate can be issued certifying that the Petitioner-Mr. Pravin Keshav More and Mr. Chaitanya Keshav More (Son of the Deceased) and Mrs. Suvarna Mahesh Dalvi (Daughter of Deceased) is the legal representative/ legal heir of the said Deceased under the provisions of the Bombay Regulation Act VIII of 1827.”

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

The Miscellaneous Petition is accordingly disposed of.

(ARIF S. DOCTOR, J.)

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