Created by Fuzzy Cloud

Bombay High Court

Himadri Vrajesh ShahversusBharatchandra Chimanlal Shah alias Bharatchandra C Shah

Decided
Disposal
DISPOSED OFF

Holding

The court held that the petitioner is a legal heir and entitled to the Legal Heirship Certificate.

Summary

The petitioner, a married daughter of the deceased, filed a petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a Legal Heirship Certificate for her father who died intestate on 25 September 2024. The petition listed the only surviving heirs – two sons and the petitioner – and attached death certificate and consent affidavits from the two sons. The court examined whether any other heir existed, whether any impediment to granting the certificate was present, and whether a proclamation was required. Finding that the petitioner was a legal heir, that the sons consented, and that no other claim existed, the court dispensed with the proclamation and ordered the issuance of the certificate. The Department was directed to issue the Legal Heirship Certificate within four weeks.

Issues considered

  • Whether the petitioner is a legal heir entitled to a Legal Heirship Certificate under the Bombay Regulation (VIII) of 1827.
  • Whether any other heir or impediment exists that would preclude the grant of the certificate.
  • Whether a proclamation is required before issuing the certificate.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation
  • Section 2
  • Heirship
  • 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.1092 OF 2026

              Bharatchandra Chimanlal Shah alias
              Bharatchandra C. Shah                         ....Deceased

              Himadri Vrajesh Shah                          ….Petitioner

                                              -------
              Ms. Dipti Shah a/w. Ms. Kinjal Desai 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 the

              Deceased - Bharatchandra Chimanlal Shah alias Bharatchandra C. Shah

              who at the time of his death was residing at 2501, Indiabulls Sky,

              Senapati Bapat Marg, Near Prabhadevi Station, Prabhadevi, Mumbai -

              400 013. The Deceased died intestate on 25th September, 2024 and a

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



              2.       The Petitioner is the married daughter of the Deceased. At

              paragraph no.4, the Petitioner has furnished details of the only surviving
                                                   1/3
              14-MPT-1092-2026.doc                                            Gauri Gaekwad
legal heirs and next-of-kin of the Deceased as follows :

 Sr.       Names and Address of the heirs and      Age     Relation with the
 No.          next of kin of the deceased                     Deceased
                      abovenamed
     1.   BHAVANG BHARATCHANDRA                     60           Son
          SHAH                                     Years
          B-5801, Trump Tower, P. B. Marg,
          Lodha Park, Worli, Maharashtra –
          400 013
     2.   KAUSHIK BHARATCHANDRA                     59           Son
          SHAH                                     Years
          2501, Indiabulls Sky, Plot No.882,
          Senapati Bapat Marg, Jupiter Mill
          Compound, Elphiston,
          Maharashtra – 400 013
     3.   HIMADRI VRAJESH SHAH                      54         Married
          1201,1202,1203, 12th floor,              Years       Daughter
          sec 6, kesar harmony chs, Navi
          Mumbai, Kharghar,
          Maharashtra – 410 210



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 Petitioner seeks the

Heirship Certificate.



4.        Both the sons of the Deceased have filed their individual consent

affidavits, both dated 8th September, 2026, which are annexed to the

Petition at page nos.30 to 39.
                                       2/3
14-MPT-1092-2026.doc                                             Gauri Gaekwad
5.     The reasons for filing this Petition are stated at paragraph no.7 of

the Petition. It is also stated that the Petitioner or the legal heirs have not

filed any other Petition for Heirship Certificate, Succession Certificate,

Probate or Letters of Administration and there is no impediment to the

grant of the reliefs in this Petition.



6.      In view of the statements/undertakings contained in the Petition

read with the consent affidavits that are filed, which are accepted,

Miscellaneous Petition No.1092 of 2026 is allowed in terms of prayer

clause (a), which reads as under :

       (a)    This Hon'ble Court be pleased to Issue a Legal
              Heirship Certificate in respect of the deceased,
              Bharatchandra Chimanlal Shah alias Bharatchandra
              C Shah in favour of the Petitioner abovenamed
              being the legal heir and next of his kin of the
              deceased.


7.     Issue of Proclamation is dispensed with.



8.     The Department is directed to issue the Legal Heirship Certificate

within a period of four weeks from today.



                                               [ GAUTAM A. ANKHAD, J. ]

                                         3/3
14-MPT-1092-2026.doc                                              Gauri Gaekwad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.