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Bombay High Court

JAYESH PREMJI MAKWANAversusPREMJI HARJI MAKWANA (DECEASED)

Decided
Disposal
DISPOSED OFF

Holding

The petition is allowed, and the department is directed to issue the legal heirship certificate within three weeks.

Summary

The petitioner, Jayesh Premji Makwana, filed a miscellaneous petition seeking a legal heirship certificate under Section 2 of the Bombay Regulation Act VIII of 1827 for the estate of the deceased Premji Harji Makwana. The petition listed the legal heirs and included a consent affidavit from another heir, Bharat Premji Makwana. The court examined the petition and found no impediment to granting the certificate. It ordered the issuance of the legal heirship certificate within three weeks and dispensed with the need for a proclamation. The department was directed to comply with any office objections promptly.

Issues considered

  • Whether the petitioner is entitled to a legal heirship certificate under Section 2 of the Bombay Regulation Act VIII of 1827.
  • Whether any procedural impediment or requirement of proclamation exists before issuance of the certificate.

Legislation cited

  • Bombay Regulation Act VIII, 1827 — s. 2

Subjects

  • legal heirship certificate
  • succession
  • probate
  • Bombay Regulation Act
  • certificate issuance

Judgment

                                                                    11.MPT.597.2024.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            TESTAMENTARY & INTESTATE JURISDICTION


                   MISCELLANEOUS PETITION NO. 597 OF 2024

       Premji Harji Makwana                                   .. Deceased

       Jayesh Premji Makwana                                  .. Petitioner

                              ....................
        Mr. Abhishek Jha i/b. Jha Legal Associates, Advocates for
         Petitioner.
                                       ......…...........

                                      CORAM : MILIND N. JADHAV, J.
                                      DATE         : APRIL 18, 2026.

       P.C.:

       1.        Heard Mr. Jha, learned Advocate for Petitioner.


       2.        Present Misc. Petition is filed by Petitioner for issuance of

       legal heirship certificate under Section 2 of Bombay Regulation VIII of

       1827 in respect of the properties and credits of deceased Premji Harji

       Makwana. The names and details of legal heirs of the deceased are

       stated in paragraph No.4A of the Petition. Purpose for filing the

       present Petition is stated in paragraph No.10 of the Petition. I have

       perused the same.


       3.        Consent affidavit dated 05.12.2022 of Bharat Premji

       Makwana, the legal heir are filed on record and appended at page

       No.17 of Petition.




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                                                                                    11.MPT.597.2024.doc


       4.                 In view of the above, there can be no impediment in

       allowing the Petition. Misc. Petition is allowed and disposed of in terms

       of prayer clause ‘a’ which read thus:-

                          “a.         That a Legal Heirship Certificate certifying that the
                                      Petitioner & Bharat P. Makwana the brother of the
                                      petitioner as heirs and legal representatives of the
                                      said deceased under the provisions of the Bombay
                                      Regulation Act VIII of 1827.”

       5.                 Issuance of proclamation stands dispensed with.


       6.                 Department is directed to issue the legal heirship certificate

       as directed above within a period of 3 weeks from today positively.


       7.                 Misc. Petition is allowed and disposed subject to compliance

       of office objections, if any, forthwith which shall be allowed by the

       Department.



                                                                     [ MILIND N. JADHAV, J. ]

Ajay               Digitally signed
                   by RAVINDRA
        RAVINDRA MOHAN
                 AMBERKAR
        MOHAN    Date:
        AMBERKAR 2026.04.20
                   15:17:41
                   +0530




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