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Bombay High Court

Neha Dipesh DholakiaversusJasvant Chhotalal Parikh

Decided
Disposal
DISPOSED OFF

Holding

The petition is allowed; the petitioner is declared the sole Class‑I legal heir and the Department is directed to issue the Legal Heirship Certificate.

Summary

The petitioner, Neha Dipesh Dholakia, filed a miscellaneous petition seeking a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 for her parents, Jasvant Chhotalal Parikh (deceased 2022) and Devyani Jasvant Parikh (deceased 2023), who died intestate. She asserted that she is the sole daughter and only Class‑I legal heir under the Hindu Succession Act, 1956, with no other surviving relatives. The court examined the petitioner's claim, accepted the statements and undertakings, and found no need for a proclamation. Consequently, the court allowed the petition and directed the Department to issue the heirship certificates within four weeks. The order was signed by Justice Gautam A. Ankhd.

Issues considered

  • Whether the petitioner is the sole legal heir of the deceased under the Hindu Succession Act, 1956.
  • Whether the court may dispense with a proclamation and directly issue a Legal Heirship Certificate under Bombay Regulation VIII of 1827.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Hindu Succession Act
  • Bombay Regulation VIII
  • Probate
  • Succession law

Judgment

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
      TESTAMENTARY AND INTESTATE JURISDICTION

          MISCELLANEOUS PETITION NO.1082 OF 2026
1. Jasvant Chhotalal Parikh                           .. Deceased No.1
2. Devyani Jasvant Parikh                             .. Deceased No.2

Neha Dipesh Dholakia                                  .. Petitioner


Ms. Zikra Ansari, i/by Mr. Prabhu Velar, Advocate for the Petitioner.


                            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 deceased

no. 1 - Shri Jasvant Chhotalal Parikh and deceased no. 2 -

Smt. Devyani Jasvant Parikh. The Deceased no. 1 died intestate at

Mumbai on 11th September, 2022 and Deceased no. 2 died intestate at

Mumbai on 26th July, 2023. Their Death Certificates are annexed at

Exhibits “A” and “B” to the Petition.


2.       The Petitioner is the only daughter and the sole legal heir of the

Deceased as more particularly set out at paragraph no. 5 of the

Petition, which is as under:

                                     1/3
4-MPT-1082-2026.doc                                                           Dixit
             Names and Address of the
                                                                Relation with
Sr. No.      heirs and next of kin of the           Age
                                                                the Deceased
               Deceased abovenamed
          Neha Dipesh Dholakia
          Flat No.53, Maker Tower-L,
                                                                 Daughter
  1       G.D. Somani Marg, Near                  55 Years
                                                                (Petitioner)
          World Trade Center, Cuffe
          Parade, Mumbai - 400 005.

   3.      As stated in paragraph 5 of the Petition, the Petitioner is the

   only heir and next-of-kin as per the Hindu Succession Act, 1956. The

   parents of Deceased no. 1 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 Petitioner seeks issuance of the Heirship

   Certificates.


   4.      The purpose and reason for filing of this Petition is stated at

   paragraph no. 7 of the Petition. The Petitioners have not filed any

   other Petition or Application in any Court seeking Legal Heirship

   Certificate or Probate or Letters of Administration of the Deceased.


   5.      In view of the statements/undertakings in the Petition which are

   accepted, the issuance of proclamation is dispensed with and

   Miscellaneous Petition no. 1082 of 2026 is allowed in terms of

   prayer clause (a), which reads as under:-

                                            2/3
   4-MPT-1082-2026.doc                                                         Dixit
                           “(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) Neha
                                Dipesh Dholakia (Daughter), as the only surviving Class
                                – I legal heir and legal representative of the Deceased
                                No.1, i.e., Jasvant Chhotalal Parikh, and Deceased
                                No.2, i.e., Devyani Jasvant Parikh.”


                     6.      The Department is directed to issue the Legal Heirship

                     Certificates within a period of four weeks from today.




                                                            [ GAUTAM A. ANKHAD, J. ]




        Digitally
        signed by
        SNEHA
SNEHA   ABHAY                                         3/3
ABHAY   DIXIT
                     4-MPT-1082-2026.doc                                                  Dixit
        Date:
DIXIT   2026.09.24
        17:45:01
        +0530


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