Bombay High Court
Sameer Shashikant MhashilkarversusVaishali Shashikant Mhashilkar,
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is allowed; the petitioner and the two daughters are declared legal heirs and a Legal Heirship Certificate is to be issued.
Summary
The petitioner, Sameer Shashikant Mhashilkar, filed a miscellaneous petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a Legal Heirship Certificate for his mother, the deceased Vaishali Shashikant Mhashilkar, who died intestate on 2 February 2026. The petitioner identified himself and the two surviving daughters as the only legal heirs, and both daughters submitted consent affidavits. The court examined the petition, the death certificate, and the consent affidavits and found no impediment to granting the certificate. Relying on the provisions of the Bombay Regulation, the court ordered the issuance of the Legal Heirship Certificate to the petitioner and the two daughters and dispensed with the need for a proclamation. The Department was directed to issue the certificate within four weeks.
Issues considered
- Whether the petitioner is entitled to a Legal Heirship Certificate under Bombay Regulation (VIII) of 1827 in the absence of a probate or letters of administration.
- Whether the issuance of a proclamation can be dispensed with in view of the consent affidavits of the other heirs.
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation
- Section 2
- Probate
- Letters of Administration
- Consent affidavit
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.1093 OF 2026
Vaishali Shashikant Mhashilkar ....Deceased
Sameer Shashikant Mhashilkar ….Petitioner
-------
Mr. Saurabh J. Dhuri 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 – Vaishali Shashikant Mhashilkar who at the time of her death
was residing at Room No.307, 3rd Floor, Chintamani Building, M.M.
G.S. Marg, Naigaon, Dadar (East), Mumbai – 400 014. The Deceased
died intestate on 2nd February, 2026 and a copy of the death certificate is
annexed at Exhibit ‘A’ to the Petition.
2. The Petitioner is the son of the Deceased. At paragraph no.4, the
Petitioner has furnished details of the only surviving legal heirs and
next-of-kin of the Deceased as follows :
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Sr. Names and Address of the Legal Age Relation with the
No. Heirs and Next of kin of the Years Deceased
deceased
1. Sameer Shashikant Mhashilkar 48 Son
Residing at ROOM NO.307,
3rd FLOOR, CHINTAMANI
BUILDING, M. M. G. S. MARG,
NAIGAON, DADAR EAST,
MUMBAI - 400 014
(the Petitioner herein)
2. Swati Prashant Ramugade 45 Married
Residing at 1301, C.T.S. No.204, Daughter
Chaurang Sunshine, Deonar Village
Road, Opposite Jain Mandir,
Govandi, Mumbai - 400 088
3. Samidha Vinod Kadam 50 Married
Residing at 2001, B WING, Imperial Daughter
Heights, Panchamukhi Road, Near
Police Commissioner Office, Shanti
Garden, Sector-5, Mira-Bhayander,
Thane - 401 107
3. It is further stated that the parents 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 daughters of the Deceased have filed their individual
consent affidavits, both dated 8th August, 2026, which are annexed to the
Petition at page nos.26 to 33.
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5. The reasons for filing this Petition are stated at paragraph nos.9 to
11 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.1093 of 2026 is allowed in terms of prayer
clauses (a) and (b), which read as under :
(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 the petitioner mentioned in para no.4
herein-above (i.e., Sameer Shashikant Mhashilkar)
along with Swati Prashant Ramugade and Samidha
Vinod Kadam is/are the heir/s and/or legal
representatives/ of the deceased.
(b) That issuance of Proclamation be dispensed with.
7. 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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