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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