Allowed¶20

Rajendra Tulsiram Ghare v. Tulsiram Laxman Rao Ghare Alias Tulsiram L Ghare (Deceased)

Bombay HC9 Jan 2026MPT/210/2025

Case brief

AI extract

What is this about?

Legal Heirship Certificate; Section 2 Bombay Regulation VIII of 1827; Bombay High Court Testamentary and Intestate Jurisdiction; Misc. Petition No. 210 of 2025; declaration of legal heirs; deceased with two wives; proclamation and affidavit of service dated 10.09.2025; consignment track report; acknowledgment not received; three-week directive to Department; petition allowed and disposed.

What did the court decide?

Legal Heirship Certificate to be issued in the name of the Petitioner and the other legal heirs mentioned in paragraph No. 4 of the Petition (except those who are deceased) within three weeks, subject to all other compliances; compliance to prayer clause (b) accepted. ¶20

Rajendra Tulsiram Ghare vs Tulsiram Laxman Rao Ghare Alias Tulsiram L Ghare (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner and all other legal heirs mentioned in the Petition should be declared legal heirs of the deceased and a Legal Heirship Certificate issued under Section 2 of Bombay Regulation VIII of 1827.

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Court's answer

Since the prayer in the Misc. Petition is for the Petitioner and for all other legal heirs mentioned in the Petition to be declared as legal heirs, there can be no impediment in allowing the Petition.

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Ratio / Principle

The Petition is allowed in terms of prayer clause (a).

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Key takeaways

Compliance to prayer clause (b) is accepted in view of the affidavit of service dated 10.09.2025.ratio¶18
The Department shall issue the Legal Heirship Certificate in the name of the Petitioner and the other legal heirs mentioned in paragraph No. 4 of the Petition, except those who are deceased, within a period of three weeks from the date of the order, subject to all other compliances.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J. - Misc. Petition No. 210 of 2025 (decided 09.01.2026): Petition by the son of the deceased, Rajendra Tulshiram Ghare, for issuance of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of Tulsiram Laxman Rao Ghare (with alias forms), who had two wives. Proclamation regarding the heirs listed at Sr. Nos. 1 to 5 had been taken out pursuant to an earlier order of the Court; an affidavit of service dated 10.09.2025 with Consignment/Parcel track report was filed, acknowledgments being yet unreceived. Held: as the prayer was for declaration of the Petitioner and all legal heirs named in paragraph 4 as legal heirs, there was no impediment to allowing the Petition; it was allowed in terms of prayer clause (a) and compliance to prayer clause (b) was accepted on the strength of the affidavit of service. The Department was directed to issue the Legal Heirship Certificate to the Petitioner and the heirs named in paragraph 4, except those deceased, within three weeks, subject to all other compliances. Petition allowed and disposed.

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13. MPT-210-2025.odt

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Amberkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY AND INTESTATE JURISDICTION

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MISC. PETITION NO. 210 OF 2025

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Tulsiram Laxman Rao Ghare alias Tulsiram L. Ghare alias Tulshiram Laxman Ghare .. Deceased

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Rajendra Tulshiram Ghare

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.. Petitioner

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Mr. Santosh U. Bansode, Advocate for Petitioner

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 9, 2026

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P. C.:

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

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Present Petition is filed for issuance of Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased abovenamed.

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Petitioner is the son of the deceased. In paragraph No. 4 details of legal heirs of the deceased are mentioned. Deceased had two wives. Insofar as legal heirs mentioned at Sr. Nos. 1 to 5 are concerned, Petitioner has taken steps to issue proclamation pursuant to the order passed by this Court previously. In that regard, Mr. Bansode today files affidavit of service dated 10.09.2025. Perusal of the affidavit and annexures appended thereto show that despite the packets having been served, acknowledgment is not received against the consignment

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13. MPT-210-2025.odt

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till date. Consignment / Parcel track report is also appended to the affidavit of service.

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In view of the fact that prayer in the Misc. Petition is for the Petitioner and for all other legal heirs mentioned in Petition to be declared as legal heirs, there can be no impediment in allowing the Petition. Petition is therefore allowed in terms of prayer clause (a). Compliane to prayer clause (b) is accepted in view of the affidavit of service dated 10.09.2025.

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Department shall issue the Legal Heirship Certificate in the name of Petitioner and other legal heirs which are mentioned in paragraph No. 4 except those who are deceased and issue grant within a period of three weeks from today subject to all other compliances.

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Misc. Petition is allowed and disposed.

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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: 2026.01.12 19:34:58 +0530

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Rajendra Tulsiram Ghare v. Tulsiram Laxman Rao Ghare Alias Tulsiram L Ghare (Deceased)

Case brief

What is this about?

What did the court decide?

Rajendra Tulsiram Ghare v. Tulsiram Laxman Rao Ghare Alias Tulsiram L Ghare (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Coram

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