Bombay High Court
MR. BHARAT BHUSHAN KRISHANLAL AGGARWAL SON OF KRISHANLAL AGGARWALversusLATE GITA BHARAT BHUSHAN AGGARWAL (DECEASED)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN P DUBASH
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
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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
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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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