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Bombay High Court

JOGESHKUMAR MAHADEVAN PILLAIversusVASANTHA JOGESHKUMAR

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the petitioner and his son are the sole legal heirs of the deceased and ordered the issuance of a Legal Heirship Certificate.

Summary

The petitioner, Jogeshkumar Mahadevan Pillai, filed a miscellaneous petition seeking a Legal Heirship Certificate under Section 2 of the Bombay Regulation (VIII) of 1827 for his wife, the deceased Vasantha Jogeshkumar, who died intestate on 3 March 2026. The petitioner identified himself and his son, Trideeb Jogeshkumar Nair, as the only surviving legal heirs and submitted a consent affidavit from the son. No other heirs or next‑of‑kin were claimed, and no other succession proceedings had been initiated. The Court examined the petition and the consent affidavit and, finding no impediment, declared the husband and son to be the sole heirs of the deceased. The Court dispensed with the issue of proclamation and directed the Department to issue the Legal Heirship Certificate within four weeks.

Issues considered

  • Whether the petitioner and his son are the only legal heirs of the intestate deceased under the Bombay Regulation (VIII) of 1827.
  • Whether the consent affidavit filed by the son suffices to establish unanimity among heirs.
  • Whether a proclamation is required in the grant of a Legal Heirship Certificate.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation
  • Section 2
  • Heirship determination
  • 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.1094 OF 2026

              Vasantha Jogeshkumar                      ....Deceased

              Jogeshkumar Mahadevan Pillai              ….Petitioner

                                            -------
              Mr. Nitin Jadhav a/w. Ms. Rekha K. i/b. Mr. Shivaji Nirmale 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 - Vasantha Jogeshkumar who at the time of her death was

              residing at A-403, Issardas Varndmal CHS Ltd., Katrak Road, Wadala

              (West), Mumbai – 400 031. The Deceased died intestate on 3 rd March,

              2026 and a copy of the death certificate is annexed at Exhibit ‘A’ to the

              Petition.



              2.       The Petitioner is the widower/husband of the Deceased. At

              paragraph no.5, the Petitioner has furnished details of the only surviving
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              16-MPT-1094-2026.doc                                          Gauri Gaekwad
legal heirs and next-of-kin of the Deceased as follows :

 Sr. Names and address of the legal heirs            Age      Relation with
 No.          of the deceased                                   deceased
     1.   Jogeshkumar Mahadevan Pillai                72        Widower
          A-403, Issardas Varndmal CHS                          Petitioner
          Ltd., Kartak Road, Wadala (W),
          Mumbai City, Greater Mumbai – 400
          031
     2.   Trideeb Jogeshkumar Nair                    40           Son
          A-403, Issardas Varndmal CHS
          Ltd., Kartak Road, Wadala (W),
          Mumbai City, Greater Mumbai – 400
          031



3.        It is further stated that 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.        The son of the Deceased has filed his consent affidavit dated

22nd July, 2026, which is annexed to the Petition at page nos.28 to 32.



5.        The reasons for filing this Petition are stated at paragraph no.6 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.
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16-MPT-1094-2026.doc                                               Gauri Gaekwad
6.     In view of the statements/undertakings contained in the Petition

read with the consent affidavit that is filed, which are accepted,

Miscellaneous Petition No.1094 of 2026 is allowed in terms of prayer

clause (a), which reads as under :

       (a)   This Hon’ble Court be pleased to declare that the
             (1) Jogeshkumar Mahadevan Pillai, the Husband of
             the deceased, (2) Trideeb Jogeshkumar Nair, the
             son of the deceased, are the only heirs and legal
             representatives of Late Vasantha Jogeshkumar
             under the provisions of Bombay Regulation VIII of
             1827.


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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