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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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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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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