MPT No. 317 of 2025 · Bombay High Court
Case at a glance
Outcome
Allowed
placed on record, the Petition is allowed
Provisions considered
- Hindu Succession Act, 1956 s. 15(a)
Key paragraphs
- Para 55. In view of the aforesaid submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with.
Judgment
Mr. Ajit Hodage for the Petitioner. ________________________ CORAM : Kamal Khata, J. : 27th June 2025. DATED P.C.:-
The Petitioner seeks grant of a Legal Heirship Certificate under Section 2 of the Bombay Regulation VII of 1827 in respect of one Laxmibai Babu Tejam alias Laxmibai Baburao Tejam (“the deceased”).
The deceased expired at Mumbai on or about 21st June
2020. A copy of the death certificate is annexed to the Petition as Exhibit ‘A’. SUMEDH NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE 13:06:49 +0530 12-MPT-317-2025.DOC
The deceased died intestate, leaving behind a son and three daughters as her only legal heirs and next of kin in accordance with Section 15(a) of Hindu Succession Act, 1956, as specifically set out in paragraph No.4 of the Petition. Her husband had predeceased her on 8th September 1972.
The Learned Advocate, Mr. Hodage, for the Petitioner, submits that the three daughters have filed a joint affidavit granting consent in favour of the Petitioner, which is annexed as Exhibit ‘G’ to the Petition. The Petitioner seeks a Legal Heirship Certificate for the purpose of effecting a change of name in the Share Certificate of the Co-operative Housing Society, as detailed in paragraphs 7 & 8 of the Petition.
Operative part
In view of the aforesaid submissions and the material placed on record, the Petition is allowed. The requirement of proclamation is dispensed with.
Petition is made absolute in terms of prayer clauses (a) and (b) which read as follows:
(a) This Hon’ble Court be pleased to condone the delay in filing the Misc. Petition; (b) This Hon'ble Court be pleased to issue Legal Heirship Ce1tificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith the heirs 12-MPT-317-2025.DOC mentioned in Para 4 hereinabove viz. Anjana Dnyandev Ardalkar NEE Anjana Baburao Tejam, Malan Datta Magdum NEE Malan Baburao Tejam and Shalan Shivaji Ugade NEE Shalan Baburao Tejam are the only heirs and legal representatives of the said Deceased;
All concerned to act on an authenticated copy of this order. (Kamal Khata, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: placed on record, the Petition is allowed
Which statutory provisions did this judgment involve?
Hindu Succession Act, 1956 — s. 15(a).
Which court decided this case, and when?
Bombay High Court, on 27 Jun 2025. The bench was KAMAL KHATA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.