Devendra Krishnanath Pradhan vs Krishnanath Dwarkanath Pradhan — Bombay HC (2026) — LawSathi Research

Devendra Krishnanath Pradhan vs Krishnanath Dwarkanath Pradhan — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Certificate of Legal Heirship granted under Section 2 of Bombay Regulation VIII of 1827 recognising Devendra Krishnanath Pradhan and Medha Pravin Phadnis as the lawful legal heirs of the deceased Krishnanath Dwarkanath Pradhan, enabling transfer of his properties; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to compliance of office objections, the 3-week period running from the date of removal of such objections.

Issue for consideration

Whether a Certificate of Legal Heirship should be issued under Section 2 of Bombay Regulation VIII of 1827 recognising the lawful legal heirs of the deceased Krishnanath Dwarkanath Pradhan in respect of his properties and credits, so as to enable transfer of those properties to the recognised heirs.

Ratio / Principle

Finding no impediment, the Miscellaneous Petition is allowed and disposed of in terms of prayer clauses 'A' and 'B', i.e., a Certificate of Legal Heirship is granted recognising Devendra Krishnanath Pradhan and Medha Pravin Phadnis as the lawful legal heirs of the late Krishnanath Dwarkanath Pradhan under Section 2 of Bombay Regulation VIII of 1827.

Key takeaways

Issuance of proclamation stands dispensed with.ratio¶6
The Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks positively.ratio¶7
The disposal of the Petition is made 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 - Misc. Petition (L) No.13213 of 2026, decided 17.04.2026 by Milind N. Jadhav, J. (single judge): Devendra Krishnanath Pradhan petitioned for a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Krishnanath Dwarkanath Pradhan, with a consent affidavit dated 28.03.2026 of co-heir Medha Pravin Phadnis on record at page 36 of the Petition. Finding no impediment, the Court allowed and disposed of the Petition in terms of prayer clauses (A) and (B), granting a Certificate of Legal Heirship recognising the Petitioner and Medha Pravin Phadnis as the lawful legal heirs of the deceased so as to enable transfer of his properties; dispensing with issuance of proclamation; and directing the Department to issue the certificate within 3 weeks, subject to compliance of office objections if any, with the 3-week period commencing from the date of removal of such office objections. No precedents were cited; no quantum involved.

M4.MPT(L).13213.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

MISCELLANEOUS PETITION (L) NO.13213 OF 2026

Krishnanath Dwarkanath Pradhan .. Deceased

Devendra Krishnanath Pradhan .. Petitioner

Mr. Dinesh Arjun Wani i/b Mr. Jayant Arjun Wani, Advocates for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : APRIL 17, 2026.

P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated 17.04.2026. Perused the praecipe.

2. Heard Mr. Wani, learned Advocate for Petitioner.

3. 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 Krishnanath Dwarkanath Pradhan. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

4. Consent affidavit dated 28.03.2026 of Medha Pravin

Phadnis, the legal heir is filed on record and appended at page No.36

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M4.MPT(L).13213.2026.doc

of Petition.

5. 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' and 'B' which read thus:-

"A. That a Certificate of Legal Heirship be issued, certifying that the Petitioner along with the following legal heirs; 1) Devendra Krishnanath Pradhan and 2) Medha Pravin Phadnis, as mentioned in Paragraph 4 of the Petiton, be and are recognized as the lawful legal heirs of the deceased Late Krishnanath Dwarkanath Pradhan.

B. That the said certificate be granted under section 2 of the Bombay Regulation VIII of 1827, to enable the transfer of the properties of the deceased in the names of the aforesaid legal heirs, as per law, in favor of the Petitioner and the other legal heir.”

6. Issuance of proclamation stands dispensed with.

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

8. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

[ MILIND N. JADHAV, J. ]

Ajay Digitally signed AJAY by AJAYTRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2026.04.21 19:05:22 +0530

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