Saroj Anand Kondkar vs Anand Ragho Kondkar — Bombay HC (2026) — LawSathi Research

Saroj Anand Kondkar vs Anand Ragho Kondkar — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Issuance of a Legal Heirship Certificate under Bombay Regulation VIII of 1827 to the Petitioner certifying that Saroj Anand Kondkar (wife of the deceased), Snehal Gaurav Mohite (married daughter), Prachi Anand Kondkar (daughter), Anuja Anand Kondkar (daughter) and Amey Anand Kondkar (son) are the only legal heirs of deceased Anand Ragho Kondkar; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks; disposal subject to compliance of office objections, if any.

Issue for consideration

Whether a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 should be issued to the Petitioner certifying the named persons as the only legal heirs of deceased Anand Ragho Kondkar.

Court's answer

In view of the joint consent affidavit dated 13.12.2025 of all the legal heirs filed on record, the Court held that there could be no impediment in allowing the Petition.

Ratio / Principle

The Misc. Petition was allowed and disposed of in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate under Bombay Regulation VIII of 1827 certifying the Petitioner Saroj Anand Kondkar (wife of the deceased), Snehal Gaurav Mohite (married daughter), Prachi Anand Kondkar (daughter), Anuja Anand Kondkar (daughter) and Amey Anand Kondkar (son) as the only legal heirs of deceased Anand Ragho Kondkar.

Key takeaways

The Court dispensed with issuance of proclamation.ratio¶18
The Department was directed to issue the legal heirship certificate as directed above within a period of 3 weeks from that day positively.ratio¶20
The disposal of the Misc. Petition is subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Miscellaneous Petition No. 140 of 2026, decided March 06, 2026, Milind N. Jadhav, J.: Petitioner Saroj Anand Kondkar sought a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased, Anand Ragho Kondkar. A joint consent affidavit dated 13.12.2025 of the other legal heirs - Snehal Gaurav Mohite (married daughter), Prachi Anand Kondkar (daughter), Anuja Anand Kondkar (daughter) and Amey Anand Kondkar (son) - was on record. Finding no impediment, the Court allowed and disposed of the Petition in terms of prayer clause (a), directing issuance of a Legal Heirship Certificate certifying the Petitioner and the four others as the only legal heirs of the deceased; issuance of proclamation was dispensed with, and the Department was directed to issue the certificate within three weeks, subject to compliance of office objections, if any.

25.MPT.140.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 140 OF 2026

Anand Ragho Kondkar .. Deceased Saroj Anand Kondkar .. Petitioner

Ms. Tisha Sonkar i/b Mr. Siddharth Idnani and Ms. Isha Bafna, Advocates for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : MARCH 06, 2026.

P.C.:

1. Heard Ms. Sonkar, 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 Anand Ragho Kondkar. The names and details of legal heirs of the deceased are stated in paragraph No.04 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 08 of the Petition. I have perused the same.

3. Joint consent affidavit dated 13.12.2025 of (1) Snehal Gaurav Mohite, (2) Prachi Anand Kondkar, (3) Anuja Anand Kondkar and (4) Amey Anand Kondkar, the legal heirs are filed on record and appended at page No.26 of Petition.

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25.MPT.140.2026.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 clause “a” which read thus:-

“a. This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Saroj Anand Kondkar (Wife of the Deceased) the Petitioner herein (2) Snehal Gaurav Mohite (Married Daughter), (3) Prachi Anand Kondkar (Daughter), (4) Anuja Anand Kondkar (Daughter), (5) Amey Anand Kondkar (Son) are the only legal heirs of the deceased i.e. Anand Ragho Kondkar.

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 HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2026.03.07 18:34:09 +0530

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