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Bombay High Court

MR. BHARAT BHUSHAN KRISHANLAL AGGARWAL SON OF KRISHANLAL AGGARWALversusLATE GITA BHARAT BHUSHAN AGGARWAL (DECEASED)

Decided
Disposal
DISPOSED OFF

Holding

The court held that the petitioner and the identified children are the sole legal heirs and therefore issued a legal heirship certificate under Bombay Regulation VIII of 1827.

Summary

The petitioner, Mr. Bharat Bhushan Krishanlal Aggarwal, filed a miscellaneous petition under Bombay Regulation VIII of 1827 seeking a legal heirship certificate for his deceased wife, Mrs. Gita Bharat Bhushan Aggarwal, who died intestate on 24 May 2021. The petition identified the surviving legal heirs as the petitioner, one son and two daughters, and included consent affidavits from the children. The court examined whether the petitioner was entitled to the certificate and whether a proclamation was necessary. Finding no impediment and satisfied by the consent affidavits, the court dispensed with proclamation and granted the legal heirship certificate. The petition was disposed of without any order as to costs.

Issues considered

  • Whether the petitioner is a legal heir of the intestate deceased under Bombay Regulation VIII of 1827
  • Whether a proclamation or notice to other heirs is required before issuing a legal heirship certificate

Legislation cited

Subjects

  • legal heirship certificate
  • intestate succession
  • Bombay Regulation VIII
  • miscellaneous petition
  • probate
  • succession

Judgment

                                                                                                  5. MPT-194-2026.doc
                                                                                                 Mr. Bharat vs. Late Gita




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

                                           MISC. PETITION NO. 194 OF 2026


         Digitally
                      Mr. Bharat Bhushan Krishanlal Aggarwal                                ..   Petitioner
         signed by
         AMOL
AMOL     PREMNATH
PREMNATH JADHAV
JADHAV   Date:
         2026.06.15
         10:40:32
         +0530        Mrs. Gita Bharat Bhushan Aggarwal                                     ..   Deceased

                                       ______________________________________
                      Mr. Rahul Mohite i/b Mr. Aviraj Tarar for Petitioner.
                                     _______________________________________

                                                      CORAM : FARHAN P. DUBASH, J.

                                                      DATE                 : 12th JUNE 2026
                      P.C.:

                      1.      Learned Counsel for the Petitioner seeks leave to amend prayer

                              clause (a) and in particular, the words “Para 4” appearing in line no.

                              4 thereof, which shall read as “Para 6” and the date of demise of the

                              deceased in line no. 3 of Paragraph 1 of the petition, which shall read

                              as “24th May 2021” instead of “24th May 2020”.

                      2.      The Petitioner is permitted to carry out these amendments forthwith

                              in the copy of the present petition and thereafter upload the same on

                              the website of this Court. This shall be done within one week from

                              today.

                      3.      Re-verification is dispensed with.



                                                                Page 1 of 3
                                                    -------------------------------------
                                                      Order dated 12th June 2026
                                                                    5. MPT-194-2026.doc
                                                                   Mr. Bharat vs. Late Gita




4.   Heard Mr. Rahul Mohite, learned Counsel for the Petitioner.

5.   By this petition filed under the provisions of Bombay Regulation VIII

     of 1827, the Petitioner seeks issuance of legal heirship certificate in

     favour of the surviving legal heirs of the deceased.

6.   The deceased was the wife of the Petitioner who expired on 24 th May

     2021. A copy of her death certificate is annexed to the petition. It is

     stated that at the time of her demise, the deceased was residing and

     had a fixed place of abode at Flat No. 405, situated on the 4 th Floor,

     Bhanu Apartment located at G. B. Jukar Marg, Juhu, Mumbai 400

     049. It is also stated that the deceased died intestate without leaving

     behind any testamentary writing or Will.

7.   In paragraph 6 of the petition, the Petitioner has given details of the

     surviving legal heirs of the deceased i.e. husband (Petitioner herein),

     one son and two daughters. It is specifically stated that the parents of

     the deceased have predeceased her.

8.   The petition also annexes the consent affidavits of the son and two

     daughters of the deceased, who have given their no objection to the

     grant of legal heirship certificate in favour of the Petitioner, without

     service of proclamation/citation/notice upon them and have

     accorded their full and free consent to the same.



                                       Page 2 of 3
                           -------------------------------------
                             Order dated 12th June 2026
                                                                                        5. MPT-194-2026.doc
                                                                                       Mr. Bharat vs. Late Gita




9.         It is stated that the legal heirship certificate is required to be

           produced before the concerned authorities in order to complete legal

           formalities so as to enter the name of the Petitioner as one of the

           legal heirs of the deceased in all the official records.

10.        It is stated that no other petition for heirship certificate, succession

           certificate, probate or letters of administration with or without Will

           have been filed. There is, therefore no impediment to the grant of

           the relief.

11.        In view of the material placed on record, the Petition is accepted and

           proclamation is dispensed with and the 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 under the provision of Bombay Regulation VIII of 1827
                       certifying that the Petitioner along with the heirs mentioned in Para
                       4 are the only heirs and legal representatives of the said deceased
                       i.e. late Mrs. Gita Bharat Bhushan Agarwal.”


12.        Petition is disposed of in terms of the above order with no order as to

           costs.



                                                                      ( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil




                                                     Page 3 of 3
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                                           Order dated 12th June 2026


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