Khandu Vishnu PhapaleversusVishnu Bhau Phapale alias Vishnu B Phapale alias V B Phapale

                                                                         13. MPT-410-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               TESTAMENTARY AND INTESTATE JURISDICTION


                              MISC. PETITION NO. 410 OF 2026

           Vishnu Bhau Phapale alias
           Vishnu B. Phapale alias
           V.B. Phapale                                           .. Deceased

           Khandu Vishnu Phapale                                  .. Petitioner
                                  ....................
            Ms. Seema Hunnurkar i/by Mr. Mohan Gawade, Advocates for
             Petitioner
            Mr. Rudresh Jagdale i/by Mr. Rohit Mangsule, Advocates for
             Respondent
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : MAY 8, 2026
           P. C.:

           1.       Heard Ms. Hunnurkar, learned Advocate for Petitioner and Mr.

           Jagdale, learned Advocate for Respondent.


           2.       Deceased has three sons. The wife had predeceased him. There

           names are Khandu, Bhausaheb and Hari.                 Khandu has filed the

           Application for issuance of grant which is Legal Heirship Certificate in

           respect of declaration of legal heirs under Section 2 of the Bombay

           Regulation VIII of 1827. Purpose of seeking grant is stated in the

           Petition with regard to particular immovable property.                 However

           proclamation is issued and on receipt of proclamation, Mr. Jagdale

           learned Advocate appears for the other two legal heirs i.e. Hari and

           Bhausaheb. Bhausaheb has given affidavit in favour of Hari. Khandu


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is Petitioner on one side and Hari, the other son on the other side are

contesting entitlement to the subject immovable property on the basis

of certain writings which are executed in the past. Be that as it may,

insofar as the present Petition is concerned, it is with regard to grant

of Legal Heirship Certificate and Khandu has prayed for the legal

Heirship certified to be granted in the names of all three legal heirs of

deceased.   Therefore there can be no impediment in allowing the

Petition.


3.    However Mr. Jagdale would submit that the property which is

the subject matter of Petition is standing in the name of Hari sine 2005

and thereafter certain writings are executed between the parties which

are in dispute.   Khandu is disputing the entire position. In such a

scenario, there can be no impediment in allowing the grant, but it is

clarified that issuance of grant in the Petition filed by Khandu ipso

facto does not mean that the concerned immovable property for the

purpose for which it is filed shall be transferred in the name of the

Petitioner on the basis of the grant.       To that extent parties are

relegated to the Civil Court and whichever party desires to contest and

prosecute their substantive right for entitlement to the immovable

property are entitled to do so strictly in accordance with law. Issuance

of grant is not determination of title in favour of any of the legal heirs

to the property


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           4.         Grant be issued subject to all other compliances within a period

           of two weeks from today. No further proclamation is required to be

           issued.


           5.         Petition is allowed and disposed.



Amberkar                                             [ MILIND N. JADHAV, J. ]

                    Digitally
                    signed by
                    RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                    2026.05.11
                    17:36:08
                    +0530




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