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
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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.
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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. ]
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