Bombay High Court
JAYESH PREMJI MAKWANAversusPREMJI HARJI MAKWANA (DECEASED)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- MILIND N JADHAV
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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