Allowed¶19

Ashok Hari Pawar v. Hari Tukaram Pawar (Deceased)

Bombay HC12 Feb 2025TP/5825/2024

Case brief

AI extract

What is this about?

Bombay High Court Testamentary & Intestate Jurisdiction; Testamentary Petition No. 5825 of 2024; legal heirship certificate; Section 2 Bombay Regulation VIII of 1827; Letters of Administration; Hari Tukaram Pawar; Ashok Hari Pawar; joint consent affidavit dated 16.10.2024; dispensation of surety; Interim Application (L) No. 37711 of 2024; proclamation dispensed with; Milind N. Jadhav J.; decided September 12, 2025.

What did the court decide?

Testamentary Petition allowed and disposed of in terms of the prayer clause: Letters of Administration in favour of the Petitioner having effect throughout the State of Maharashtra; issuance of proclamation dispensed with; Department directed to issue the legal heirship certificate within 3 weeks, subject to compliance of office objections, if any. ¶19

Ashok Hari Pawar vs Hari Tukaram Pawar (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 (with Letters of Administration having effect throughout the State of Maharashtra) should be issued under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Hari Tukaram Pawar in favour of the Petitioner, the son of the deceased, supported by the joint consent of all legal heirs.

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Court's answer

In view of the joint consent of all legal heirs and compliance with office objections, there can be no impediment in allowing the Petition.

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Ratio / Principle

The Testamentary Petition is allowed and disposed of in terms of the prayer clause, i.e., Letters of Administration granted in favour of the Petitioner having effect throughout the State of Maharashtra.

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Key takeaways

Issuance of proclamation stands dispensed with.ratio¶21
The Department is directed to issue the legal heirship certificate as directed within three weeks from the date of the order.ratio¶22
The Testamentary Petition is allowed and disposed subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary & Intestate Jurisdiction (Milind N. Jadhav, J., September 12, 2025) — Testamentary Petition No. 5825 of 2024 filed by Ashok Hari Pawar, son of the deceased Hari Tukaram Pawar alias Hari T. Pawar alias Hari Pawar alias H.T. Pawar, for 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. A joint consent Affidavit dated 16.10.2024 of all legal heirs (pages 24–26) was appended; office objections were complied with; and Interim Application (L) No. 37711 of 2024 for dispensation of surety was allowed by a separate order. Held: there being no impediment, the Petition was allowed and disposed of in terms of the prayer clause, granting Letters of Administration in favour of the Petitioner having effect throughout the State of Maharashtra; issuance of proclamation was dispensed with; and the Department was directed to issue the legal heirship certificate within three weeks, subject to compliance of office objections, if any.

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83(ii).MPT.5825.2024.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION

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TESTAMENTARY PETITION NO. 5825 OF 2024

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Hari Tukaram Pawar alias Hari T. Pawar alias Hari Pawar alias H.T. Pawar

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.. Deceased

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Ashok Hari Pawar .. Petitioner

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Ms. Jyoti Badgujar a/w. Sanaa Varhali, Advocates i/by Lakdawala & Co. for for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 12, 2025.

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P.C.:

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1. Heard Ms. Badgujar, learned Advocate for Petitioner.

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2. In this Testamentary Petition No.5825 of 2024, today Interim Application (L) No.37711 of 2024 has been allowed and dispensation of the surety stands allowed by the Court by a separate order. Present Petition is also mentioned forthwith and taken up for hearing.

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3. Ms. Badgujar, learned Advocate appearing for Petitioner informs the Court that all office objections stand complied with and there are no more compliance is required to be done.

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4. Present Testamentary 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 Hari Tukaram Pawar alias Hari T. Pawar alias Hari Pawar alias H.T. Pawar. Petitioner is the son of deceased. Joint consent of

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83(ii).MPT.5825.2024.doc

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legal heirs of deceased whose names and details are mentioned in paragraph No.4 of the Petition is appended to the Petition. Purpose for filing the present Petition is stated in paragraph Nos.7 & 8 of the Petition.

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5. Joint consent Affidavit referred to above, inter alia, states that the deponent thereof do not have any objection if the heirship certificate is granted in the name of Petitioner. The full and free consent of all other legal heirs in favour of Petitioner is given in the joint consent Affidavit dated 16.10.2024 appended at page Nos.24 to 26 of the Petition.

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6. In view of the above, there can be no impediment in allowing the Petition. Testamentary Petition is allowed and disposed of in terms of prayer clause as prayed for which read thus:-

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" That Letters of Administration may be granted in favour of the Petitioner herein having effect throughout the State of Maharashtra."

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7. Issuance of proclamation stands dispensed with.

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8. Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively.

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9. Testamentary 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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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2025.09.13 17:04:28 +0530

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Ashok Hari Pawar v. Hari Tukaram Pawar (Deceased)

Case brief

What is this about?

What did the court decide?

Ashok Hari Pawar v. Hari Tukaram Pawar (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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