Bombay High Court
Lalita Ashok LokeversusAshok Mahadeo Loke
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that, in the factual situation where all legal heirs have given consent, a proclamation is unnecessary and a legal heirship certificate may be issued under the Bombay Regulation Act VIII of 1827.
Summary
The petitioner, Lalita Ashok Loke, widow of the intestate deceased Ashok Mahadeo Loke, filed a miscellaneous petition under Section 2 of the Bombay Regulation Act VIII of 1827 seeking a legal heirship certificate. The deceased left a widow, three married daughters and a son, all of whom executed consent affidavits waiving notice and agreeing to the issuance of the certificate. The court examined the petition, the death certificate, the consent affidavits and the schedule of property, and found no need for a proclamation. Accordingly, the court dispensed with the proclamation and ordered that a legal heirship certificate be issued naming the petitioner and the other heirs as the sole legal representatives. No other applications for probate, letters of administration or succession certificate were pending, and the petition was allowed without costs.
Issues considered
- Whether a legal heirship certificate can be issued under the Bombay Regulation Act VIII of 1827 without a proclamation when all legal heirs have consented.
Legislation cited
Subjects
- Legal heirship certificate
- Intestate succession
- Bombay Regulation Act
- Probate
- Consent affidavits
Judgment
39-MPT-1000-2026 (OS).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.08.29
13:10:07
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 1000 OF 2026
Ashok Mahadeo Loke ...Deceased
And
Lalita Ashok Loke ...Petitioner
__________
Mr. Vivek B. Rane a/w Ms. Anita Joshi for the Petitioner/Applicant.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 28th AUGUST 2026
P.C.:
1. Heard Mr. Vivek Rane, learned counsel for the Petitioner.
2. This Miscellaneous Petition is filed under Section 2 of the Bombay
Regulation VIII of 1827 (“ said Regulation” for short), by the Petitioner
for issuance of Legal Heirship Certificate. The Petitioner – Lalita Ashok
Loke is stated to be the widow of Ashok Mahadeo Loke (“ Deceased”),
who passed away in Mumbai on 30 th July 2023. The Death Certificate is
annexed at Exh.-A to the Petition. The Deceased at the time of his death
had a fixed place of residence at Mumbai.
3. It is stated in the Petition that the Deceased passed away intestate
and despite due and diligent search, no Will has been discovered. The
legal heirs of the Deceased are set out in the table below Paragraph 4.
The Deceased has left behind the legal heirs viz. his widow/wife, three
married daughters and one son, the details of whom are tabulated in
Paragraph 4 of the Petition. Apart from the legal heirs as noted above, it
Pallavi Page 1 of 3
39-MPT-1000-2026 (OS).doc
is specifically stated that there are no legal heirs or next-of-kin of the
Deceased.
4. In this regard, the learned counsel for the Petitioner has drawn
the Court’s attention to the Consent Affidavits, all dated 20 th June 2026
of Shruti Sunil Nare, Janhavi Jitendra Raje and Sampada Mandar
Sarang, i.e. the married daughters and Prasad Ashok Loke, i.e. son of the
Deceased who have given their full and free consent for the issuance of
Legal Heirship Certificate in favour of the Petitioner, also stated that the
requirement of service of notice is waived by them, respectively.
5. The Petitioner would require heirship certificate, as stated in the
Petition to be produced before the concerned authorities of the Society
and other competent authorities for transferring the property of the
Deceased. The details of the property are set out in the Schedule of
Property at Exh.- C of the Petition.
6. The Petitioner has paid requisite Court fees in the Petition.
7. The Petitioner states that no application has been made to any
District Court or District Delegate or to any High Court for probate of
any will of the said Deceased or for Letters of Administration with or
without the will annexed thereto or for Succession Certificate to the
property and credits of the Deceased abovenamed.
8. It appears that there is no delay in filing the present Petition.
9. For the reasons and in light of the material on record coupled with
the statements/undertakings contained in the Petition read with Consent
Pallavi Page 2 of 3
39-MPT-1000-2026 (OS).doc
Affidavits filed, issuance of Proclamation is accordingly dispensed with,
in the given factual complexion. The Petition is allowed in terms of
prayer clause (a) which reads thus:-
“(a) That Legal Heirship Certificate be issued Certifying that
the Petitioner viz. LALITA ASHOK LOKE, her three married
daughters Viz. SHRUTI SUNIL NARE, JANHAVI JITENDRA
RAJE and SAMPADA MANDAR SARANG and one son
PRASAD ASHOK LOKE are the only Heirs and Legal
Representatives of the Deceased under the provision of
Bombay Regulation Act VIII of 1827.”
10. The Petition is Disposed Of in the above terms. No order as to
costs.
11. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
Pallavi Page 3 of 3
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