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Bombay High Court
Lila Sopan Avhad vs Thakubai Arjun Ghuge Alias Dhuge ... on 30 January, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:2691
6. MPT-438-25.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO. 438 OF 2025
Thakubai Arjun Ghuge alias
Dhuge Thakubai alias
Thakubai Arjun Dhuge .. Deceased
Lila Sopan Avhad .. Petitioner
....................
Mr. Prabhu Velar a/w Ms. Bhakti Patil i/by Mr. Ramesh Palve,
Advocates for Petitioner
Mr. Sanket Mungale a/w Mr. Aditya Kathare, Advocate for Legal
Heir - Manda Ghuge
Ms. Kavita Shinde, Advocate for Legal Heirs - Vaishnavi Ghuge &
Gauri Ghuge
...................
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 30, 2026
P. C.:
1. Heard learned Advocates appearing for the parties.
2. On 23.01.2026, following order was passed:-
"1. Heard Mr. Velar, learned Advocate for Petitioner and Mr. Kathare,
learned Advocate for Respondent.
2. Mr. Kathare appears for the non-consenting legal heirs. According to
his instructions, even though Petitioner has agreed to seek issuance of grant
by accepting the non-consenting legal heirs as heirs of deceased for issuance
of Grant, Petitioner's purpose for seeking grant is for transfer of the
immovable property belonging to deceased in his name on the basis of
Grant that will be issued.
3. If that is the only contention and objection, this Court will clarify
appropriately that issuance of Grant by this Court in favour of all legal heirs
declaring them as legal heirs will not entail the Petitioner ipso facto to seek
transfer of any immovable property belonging to deceased to his name
especially when disputed questions are raised by the other legal heirs for
such entitlement.
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6. MPT-438-25.odt
4. Mr. Kathare has therefore persuaded the Court to allow him to take
appropriate instructions and accordingly apprise the Court on the next date.
5. Stand over to 30th January 2026 for passing orders. To be listed
under the caption 'First on Board'.
3. I have heard the objections raised by Mr. Mungale, learned
Advocate appearing for Legal Heir - Manda Ghuge today. He has
reiterated the objections which were voiced by Mr. Kathare on the last
date which have been taken cognizance of by this Court in paragraph
No. 3 of the above order. Mr. Mungale would submit that the purpose
for seeking issuance of grant as stated in paragraph No. 6 of Petition
would entitle the Petitioner to the immovable properties standing in
the name of the deceased. It is clarified once again that the purpose
for which grant is required to be issued is required to be stated in the
Petition as per the formant for filing the Petition seeking issuance of
grant. It is once again clarified that ipso facto it does not mean that
the grant shall be issued for that very purpose especially in a case
where there are warring legal heirs in respect of the property and
credits of the deceased.
4. According to Mr. Velar, learned Advocate for Petitioner the
purpose for filing the Petition is in respect of the immovable property
of the deceased whereas according to Mr. Mungale, PAAA in respect of
very same property was executed in favour of the husband of the non-
consenting legal heir.
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6. MPT-438-25.odt
5. I once again make it clear that once the Petition is filed seeking
issuance of Letters of Administration and the prayer is explicitly clear
that it is in respect of all legal heirs of the deceased including non-
consenting legal heirs, there can be no impediment in allowing the
Petition save and except to clarify that if the parties claim entitlement
to the immovable properties due to any reasons, it is their prerogative
to approach the Civil Court on the strength of their evidence to claim
their entitlement. Issuance of grant cannot be used by any of the party
to claim immovable property of the deceased. Issuance of Legal
Heirship Certificate under Section 2 of the Bombay Regulation VIII of
1827 declares the heirs of deceased as his legal heirs as per the Legal
Heirship Certificate issued by the Court. It is true that purpose for
issuing the grant is also stated therein but that does not automatically
entitles the legal heirs to claim entitlement.
6. With the above clarification, present Misc. Petition is allowed in
terms of prayer clause (a) which reads thus:-
"a. This Hon'ble Court be pleased to issue a Legal Heirship Certificate to
the Petitioner under the provision of Bombay Regulation VIII of
1827 certifying that (1) Vaishnavi Ashok Ghuge (Grand-Daughter)
(2) Gauri Ashok Ghuge (Grand Daughter) (3) Manda Santosh
Ghuge (Daughter-in-law) (4) Omkar Santosh Ghuge (Minor Grand-
son) (5) Kacchabai Sudam Avhad (Daughter) (6) Lila Sopan Avhad
(Daughter) are the only surviving Class I legal heirs and legal
representatives of the deceased abovenamed i.e., Thakubai Arjun
Ghuge alias Dhuge Thakubai alias Thakubai Arjun Dhuge."
7. Issuance of proclamation stands dispensed with.
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6. MPT-438-25.odt
8. All contentions and rights of Petitioner and non-consenting legal
heirs are expressly kept open to be agitated before the appropriate
forum / Court in accordance with law.
9. Department is directed to issue the legal heirship certificate as
directed above within a period of 2 weeks from today positively.
10. Misc. Petition is allowed and disposed subject to compliance of
office objections, if any, forthwith which shall be allowed by the
Department.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.01.30
19:40:49 +0530
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