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2025 Supreme(Online)(Bom) 3985

BOMBAY HIGH COURT
HIMANSHU RAMESHCHANDRA UPADHYAY – Appellant
Versus
RAMESHCHANDRA DAHYABHAI UPADHYAY (DECEASED) – Respondent


Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 1 18-MPT-159-2025.doc

2025.05.02

18:54:19 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 159 OF 2025 Hemanshu Rameshchandra Upadhyay ...Petitioner Rameshchandra Dahyabhai Upadhyay ...Deceased -----------------

Mr. Ketan Joshi a/w Shraddha D. for the Petitioner.

-----------------

CORAM : ARIF S. DOCTOR, J.

DATE : 27TH MARCH, 2025 P.C.:-

1. The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Rameshchandra Dahyabhai Upadhyay (‘the deceased’), who died at Mumbai on 18th September 2007. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2. The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

3. The reason for which the Legal Heirship Certificate is required is se

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