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
- Bombay Regulation VIII of 1827 — s. Section 2
- Hindu Succession Act, 1956
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:
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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:-
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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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