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Bombay High Court

Mamta Sanjay ChaurasiyaversusSanjay Harishchandra Chaurasiya alias Sanjay H Chaurasiya alias Sanjay Chaurasiya

Decided
Disposal
DISPOSED OFF

Holding

The court allowed the petition and ordered the issuance of a Legal Heirship Certificate naming the petitioner, the two sons and the mother as the sole legal heirs of the deceased.

Summary

The petitioner, Mamta Sanjay Chaurasiya, filed a miscellaneous petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate for her deceased husband, who died intestate on 21 May 2018. The deceased left a wife, mother and two sons as legal heirs, all of whom executed consent affidavits waiving any proclamation or notice. The court examined whether the delay in filing the petition barred relief and relied on Ganapati Vinayak Achwal (2014 Mh.L.J. (6) 683), which holds that the right to apply for an heirship certificate is continuous. Finding no impediment and noting the payment of court fees, the court dispensed with the proclamation and ordered the issuance of the certificate naming the four heirs. Consequently, the petition was disposed in favour of the petitioner.

Issues considered

  • Whether a petition for a Legal Heirship Certificate can be entertained despite delay in filing.
  • Whether consent affidavits of all heirs suffice to waive service of proclamation/notice under Bombay Regulation VIII of 1827.
  • Whether the court has jurisdiction to issue a Legal Heirship Certificate in an intestate succession matter.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation VIII
  • Probate
  • Waiver of proclamation
  • Delay in filing

Judgment

                                                                                      40-MPT-1001-2026 (OS).doc

           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.08.29
           13:10:31
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           +0530
                                         TESTAMENTARY AND INTESTATE JURISDICTION

                                           MISC PETITION IN T AND I J NO. 1001 OF 2026

                              Sanjay Harishchandra Chaurasiya Alias
                              Sanjay H Chaurasiya Alias Sanjay Chaurasiya         ...Deceased
                                    Versus
                              Mamta Sanjay Chaurasiya                             ...Petitioner
                                                              __________
                              Ms. Seema Hannurkar, for the Petitioner.
                                                              __________

                                                        CORAM : ADVAIT M. SETHNA, J.
                                                        DATE : 28th AUGUST 2026

                              P.C.:

                              1.      Heard Ms. Seema Hannurkar, 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), for issuance of

                              Legal Heirship Certificate. The Petitioner Ms. Mamta Sanjay Chaurasiya

                              – wife of Sanjay Harishchandra Chaurasiya (“Deceased”) who passed

                              away at Varanasi, Uttar Pradesh on 21st May 2018. The Death Certificate

                              of the Deceased is annexed at Exh.-A to the Petition.

                              3.      It is stated that the Deceased passed away intestate and despite

                              due and diligent search, no Will has been discovered. The Deceased has

                              left behind the legal heirs viz. his wife, his mother and two sons, the

                              details of whom are tabulated below paragraph 4. Apart from the legal

                              heirs as noted above, it is specifically stated that there are no legal heirs

                              or next-of-kin of the Deceased.

                              4.      The learned counsel for the Petitioner at this juncture has drawn
              Pallavi                                                                                 Page 1 of 3
                                                                 40-MPT-1001-2026 (OS).doc


          attention of the Court to the Consent Affidavits all dated 8 th August 2026

          filed by Swayam Sanjay Chaurasiya i.e. son of the Deceased, Sujal

          Sanjay Chaurasiya, other son of the Deceased and Vimla Harishchandra

          Chaurasiya, mother of the Deceased. The said legal heirs in their

          respective Consent Affidavits have given their consent to the issuance of

          Legal Heirship Certificate in favour of the Petitioner and also waived

          service of Proclamation/Notice. The averments made in the said Consent

          Affidavits are noted.

          5.     The Legal Heirship Certificate is required for a property situated

          in Mumbai, the details of which are being set out in Paragraph 7 of the

          Petition. The Heirship Certificate would be required to be produced

          before the statutory authorities like Municipal Corporation of Greater

          Mumbai. In this context, the Petition sets out that the Deceased was a

          permanent resident of Mumbai and had a fixed place of residence at

          234, Prabhat Colony, Santacruz (E), Mumbai – 400 055. Accordingly,

          there is no impediment in issuing the Legal Heirship Certificate.

          6.     It appears that there is delay in filing of this Petition. Mr.

          Hannurkar would place reliance on the decision of this Court in

          Ganapati Vinayak Achwal1. The Court held that the right to apply for

          heirship certificate is a continuous right which is capable of being

          exercised as long as object of the right as an heir exists. In view thereof,

          in the given facts and circumstances, the issue of delay would not arise.


          1 2014 Mh.L.J. (6) 683
Pallavi                                                                          Page 2 of 3
                                                                  40-MPT-1001-2026 (OS).doc


          7.       The learned counsel submits that the requisite Court fees have

          been duly paid as set out in the Petition.

          8.       It appears from the Petition that no other proceedings before any

          District Court or District delegate or to any High Court for Probate of

          any Will of the 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.

          9.       For the reasons and in light of the material on record coupled with

          the statements/undertakings contained in the Petition read with Consent

          Affidavits filed, issuance of Proclamation is accordingly dispensed with,

          in the given factual complexion. The Petition is allowed in terms of the

          amended Petition in terms of the prayer clause (a):-

                “(a) This Hon’ble Court be pleased to issue a Legal Heirship
                     Certificate to the Petitioner under the provisions of
                     Bombay Regulation VIII of 1827 certifying that 1) Mamta
                     Sanjay Chaurasiya, 2) Swayam Sanjay Chaurasiya, 3)
                     Sujay Sanjay Chaurasiya and 4) Vimla Harischandra
                     Chaurasiya are the only heirs and legal representatives of
                     the deceased.”

          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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