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2026 DAILYLAW 10839 (BOM)

Sameer Shashikant Mhashilkar v. Vaishali Shashikant Mhashilkar,

MPT/1093/2026 · 2026-09-24

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1093 OF 2026 Vaishali Shashikant Mhashilkar ....Deceased Sameer Shashikant Mhashilkar ….Petitioner ------- Mr. Saurabh J. Dhuri for the Petitioner. ------- CORAM : GAUTAM A. ANKHAD, J. DATE : 24th SEPTEMBER, 2026. P.C. : 1. This Petition is filed seeking Legal Heirship Certificate under Section 2 of Bombay Regulation (VIII) of 1827 in respect of the Deceased – Vaishali Shashikant Mhashilkar who at the time of her death was residing at Room No.307, 3rd Floor, Chintamani Building, M.M. G.S. Marg, Naigaon, Dadar (East), Mumbai – 400 014. The Deceased died intestate on 2nd February, 2026 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 2. The Petitioner is the son of the Deceased. At paragraph no.4, the Petitioner has furnished details of the only surviving legal heirs and next-of-kin of the Deceased as follows : 1/3 15-MPT-1093-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.24 18:36:34 +0530 Sr. No. Names and Address of the Legal Heirs and Next of kin of the deceased Age Years Relation with the Deceased 1. Sameer Shashikant Mhashilkar Residing at ROOM NO.307, 3rd FLOOR, CHINTAMANI BUILDING, M. M. G. S. MARG, NAIGAON, DADAR EAST, MUMBAI - 400 014 (the Petitioner herein) 48 Son 2. Swati Prashant Ramugade Residing at 1301, C.T.S. No.204, Chaurang Sunshine, Deonar Village Road, Opposite Jain Mandir, Govandi, Mumbai - 400 088 45 Married Daughter 3. Samidha Vinod Kadam Residing at 2001, B WING, Imperial Heights, Panchamukhi Road, Near Police Commissioner Office, Shanti Garden, Sector-5, Mira-Bhayander, Thane - 401 107 50 Married Daughter 3. It is further stated that the parents of the Deceased have predeceased the Deceased and there are no other heirs and next-of-kin of the Deceased. It is in this background that the Petitioner seeks the Heirship Certificate. 4. Both the daughters of the Deceased have filed their individual consent affidavits, both dated 8th August, 2026, which are annexed to the Petition at page nos.26 to 33. 2/3 15-MPT-1093-2026.doc Gauri Gaekwad 5. The reasons for filing this Petition are stated at paragraph nos.9 to 11 of the Petition. It is also stated that the Petitioner or the legal heirs have not filed any other Petition for Heirship Certificate, Succession Certificate, Probate or Letters of Administration and there is no impediment to the grant of the reliefs in this Petition. 6. In view of the statements/undertakings contained in the Petition read with the consent affidavits that are filed, which are accepted, Miscellaneous Petition No.1093 of 2026 is allowed in terms of prayer clauses (a) and (b), which read as under : (a) This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner mentioned in para no.4 herein-above (i.e., Sameer Shashikant Mhashilkar) along with Swati Prashant Ramugade and Samidha Vinod Kadam is/are the heir/s and/or legal representatives/ of the deceased. (b) That issuance of Proclamation be dispensed with. 7. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 3/3 15-MPT-1093-2026.doc Gauri Gaekwad