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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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