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Bombay High Court

SAPHNA FARSAK PARDIWALAversusLATE FAREDOON SHAVAKSA CONTRACTOR alias FAREDOON SHAVAKSHA CONTRACTOR alias FAREDOON SHAWAKSHA HILLO

Decided
Disposal
DISPOSED OFF

Holding

The petitioners are the sole legal heirs and a Legal Heirship Certificate is to be issued under the Bombay Regulation, with the proclamation dispensed with.

Summary

The petitioners, two married daughters of the deceased Faredoon Shavaksa Contractor, applied for a Legal Heirship Certificate under Section 2 of the Bombay Regulation (VIII) of 1827, asserting that they are the only surviving legal heirs after the death of their father intestate on 6 August 2026. The petition detailed the identities, ages, and residences of the petitioners and affirmed that the deceased's parents and wife had predeceased him and that no other heirs exist. The court examined whether the petitioners satisfied the statutory requirements for issuance of an heirship certificate and whether any procedural impediment, such as the need for a proclamation, existed. Finding the petitioners' statements credible and unchallenged, the court held that they are indeed the sole legal heirs and that the certificate could be issued under the regulation, dispensing with the proclamation. Consequently, the court ordered the Department to issue the Legal Heirship Certificate within four weeks.

Issues considered

  • Are the petitioners the only legal heirs of the deceased under the Bombay Regulation (VIII) of 1827?
  • Can a Legal Heirship Certificate be issued without a proclamation in this case?

Legislation cited

Subjects

  • legal heirship
  • intestate succession
  • Bombay Regulation
  • heirship certificate
  • probate
  • succession

Judgment

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:
GAEKWAD 2026.09.24
        18:36:34
        +0530



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

                          MISCELLANEOUS PETITION NO.1091 OF 2026

              Faredoon Shavaksa Contractor alias
              Faredoon Shavaksha Contractor alias
              Faredoon Shawaksha Hilloona                   ....Deceased

              1. Saphna Farsak Pardiwala
              2. Shaikh Armin w/o. Sarferaz                 ….Petitioners

                                               -------
              Ms. Pratiksha Babar i/b. Ms. Sujata Babar 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 - Faredoon Shavaksa Contractor alias Faredoon Shavaksha

              Contractor alias Faredoon Shawaksha Hilloona who at the time of his

              death was residing at 2/356, Charpool Taparwad, Zone 1, Navsari,

              Gujarat - 396 445. The Deceased died intestate on 6 th August, 2026 and a

              copy of the death certificate is annexed at Exhibit ‘A’ to the Petition.




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              13-MPT-1091-2026.doc                                             Gauri Gaekwad
2.        The Petitioners are the married daughters of the Deceased. At

paragraph no.3, the Petitioners have furnished details of the only

surviving legal heirs and next-of-kin of the Deceased as follows :

 Sr. Names and addresses of the heirs and           Age       Relationship
 No.    next of kins of the deceased                         With Deceased
                abovenamed
     1.   Saphna Farsak Pardiwala                   45          Married
          (The Petitioner abovenamed)              Years        Daughter
          Residing at Pardiwala Bunglow,
          Tithal Road, Opp. Luhana Samaj
          Hall, Valsad, Gujrat - 396 001
     2.   Shaikh Armin w/o. Sarferaz                43          Married
          (The Petitioner abovenamed)              Years        Daughter
          Residing at Pathanvad,
          Near Pathanvad Masjid,
          Gandevi, Navsari, Gujrat - 396 360



3.        It is further stated that the parents and wife of the Deceased have

predeceased the Deceased and there are no other heirs and next-of-kin of

the Deceased. It is in this background that the Petitioners seek the

Heirship Certificate.



4.        The reasons for filing this Petition are stated at paragraph no.8 of

the Petition. It is also stated that the Petitioners or the legal heirs have

not filed any other Petition for Heirship Certificate, Succession

Certificate, Probate or Letters of Administration and there is no

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13-MPT-1091-2026.doc                                              Gauri Gaekwad
impediment to the grant of the reliefs in this Petition.



5.    In view of the statements/undertakings contained in the Petition,

which are accepted, Miscellaneous Petition No.1091 of 2026 is allowed

in terms of prayer clauses (a) and (b), which read as under :

       (a)   That Legal Heirship Certificate be issued
             Certifying that the Petitioners viz. SAPHNA
             FARSAK PARDIWALA and SHAIKH ARMIN
             W/O. SARFERAZ, Married daughters of the
             deceased are the only Heirs and Legal
             Representatives of the Deceased under the
             provision of Bombay Regulation Act VIII of 1827;

       (b)   Proclamation may 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. ]




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13-MPT-1091-2026.doc                                            Gauri Gaekwad


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