Bombay High Court
Purnima Harendra Dalal and OrsversusHarendra Kunjvihari Dalal Deceased
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is allowed and a Legal Heirship Certificate is to be issued to the petitioners.
Summary
The petitioners – the widow, son and married daughter of the deceased Harendra Kunjvihari Dalal – applied to the Bombay High Court for a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827, asserting that they are the sole heirs under the Hindu Succession Act, 1956. The deceased died intestate on 24 February 2026 in Navi Mumbai and no other claimants were identified. The court examined the petitioners’ claim of exclusive heirship and the statutory requirement for a proclamation. Finding the petitioners’ statements and undertakings credible and noting the absence of any other heirs, the court held that the certificate could be issued without a proclamation. Consequently, the court ordered the Department to issue the Legal Heirship Certificate within four weeks.
Issues considered
- Whether the petitioners are the legal heirs of the deceased under the Hindu Succession Act, 1956
- Whether a Legal Heirship Certificate can be issued under Section 2 of the Bombay Regulation Act VIII of 1827 without the issuance of a proclamation
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation Act
- Hindu Succession Act
- Probate
- Bombay High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY & INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1079 OF 2026
Harendra Kunjvihari Dalal .. Deceased
1. Purnima Harendra Dalal .. Petitioner no. 1
2. Dhruv Harendra Dalal .. Petitioner no. 2
3. Maansi Amit Parekh .. Petitioner no. 3
Ms. Aaakansha Anand with Ms. Sweta Jalgaonkar and Mr. Ameya
Kadam, Advocates, i/by Mahesh Menon & Co., for the Petitioners.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 24th September, 2026.
P.C. :
1. This Petition is filed seeking Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827, in respect of the
deceased-Shri Harendra Kunjvihari Dalal. The Deceased died intestate
at Navi Mumbai on 24th February, 2026 and a copy of the Death
Certificate is annexed at Exhibit-A to the Petition.
2. The Petitioners are the widow, son and married daughter of the
Deceased as more particularly set out at paragraph 4 of the Petition,
which is as under:
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1-MPT-1079-2026.doc Dixit
Names and Address of the
Relation with
Sr. No. heirs and next of kin of the Age
the Deceased
Deceased abovenamed
Pumima Harendra Dalal,
R/at 302, Silver Spring,
B Wing, Lokhandwala Widow
1 74 Years
Complex, OPP. HDFC Bank, (Petitioner no. 1)
Andheri (West), Azad Nagar,
Mumbai – 400 053.
Dhruv Harendra Dalal,
R/at 302, Silver Spring, B
Wing, Lokhandwala Son
2 39 Years
Complex, Opp. HDFC Bank, (Petitioner no. 2)
Andheri (West), Azad Nagar,
Mumbai – 400053.
Maansi Amit Parekh,
R/at Flat No.601, Giriraj Married Daughter
3 47 Years
CHS, Plot No.4l, Sector 29, (Petitioner no. 3)
Vashi, Navi Mumbai 400703.
3. As stated in paragraph no.4 of the Petition, the Petitioners are
the only heirs and next-of-kin as per the Hindu Succession Act, 1956.
The parents of the Deceased have predeceased the Deceased and there
are no other heirs or next-of-kin, save and except as stated above. It is
in this background that the Petitioners seek issuance of the Heirship
Certificate.
4. The purpose and reason for filing of this Petition is stated at
paragraph no. 12 of the Petition. The Petitioners have not filed any
other Petition or Application in any Court seeking Legal Heirship
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Certificate or Probate or Letters of Administration of the Deceased.
5. In view of the statements/undertakings in the Petition which are
accepted, Miscellaneous Petition no. 1079 of 2026 is allowed in
terms of prayer clauses (a) and (b), which read as under:-
“(a) That a Legal Heirship Certificate be issued under
the provision of Bombay Regulation Act VIII of
1827, certifying that Petitioners (l) Purnima
Harendra Dalal, (2) Dhruv Harendra Dalal, (3)
Maansi Amit Parekh are the legal heirs and legal
representatives of the Deceased.
(b) That issuance of Proclamation be dispensed with.”
6. The Department is directed to issue the Legal Heirship
Certificate within a period of four weeks from today.
[ GAUTAM A. ANKHAD, J. ]
Digitally
SNEHA SNEHA
signed by
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ABHAY Date:
ABHAY DIXIT
1-MPT-1079-2026.doc Dixit
DIXIT 2026.09.24
17:44:28
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