Bombay High Court
RITESH PRADEEP PAREKHversusPRADEEP JIVRAJ PAREKH
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that, given the consent affidavits of all legal heirs, the proclamation requirement could be dispensed with and a Legal Heirship Certificate may be issued under the Regulation.
Summary
The petition was filed by Ritesh Pradeep Parekh seeking a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 after the intestate death of his father, Pradeep Jivraj Parekh, on 16 July 2024. The deceased left a widow, Jyotsna Pradeep Parekh, a son (the petitioner), and a married daughter, Rima Utsav Tolia, and no will was found despite diligent search. Consent affidavits from the widow and the daughter were submitted, each agreeing to the issuance of the certificate and requesting that a proclamation be dispensed with. The court examined whether, in the presence of such consents, it could forgo the proclamation requirement and grant the heirship certificate. Finding the affidavits satisfactory and no other heirs, the court dispensed with the proclamation and ordered the issuance of the Legal Heirship Certificate naming the three heirs. The petition was allowed and the matter disposed without costs.
Issues considered
- Whether a Legal Heirship Certificate can be issued under Bombay Regulation VIII of 1827 without a proclamation when all legal heirs have executed consent affidavits.
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation VIII
- Proclamation dispensed
- Consent affidavit
- Succession law
Judgment
Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
25-MPT-915-2026 (OS).doc
2026.08.24
15:03:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 915 OF 2026
Pradeep Jivraj Parekh ... Deceased.
Ritesh Pradeep Parekh ... Petitioner
_________
Ms Vaishnavi Prabhudesai i/by Ms Juilee Ghadge for the
Petitioner/Applicant.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 21st AUGUST 2026
P.C.:
1. Heard Ms Vaishnavi Prabhudesai, the learned Counsel for the
Petitioner.
2. The present Miscellaneous Petition is filed under Section 2 of
Bombay Regulation VIII of 1827 ('said Regulation' for short), for
issuance of Legal Heirship Certificate. It is stated in the Petition that the
Petitioner i.e. Ritesh Pradeep Parekh (aged 45 years) is the Son of
Pradeep Jivraj Parekh ("Deceased") and is the surviving legal heir.
3. It is stated in the Petition that the Deceased expired at Mumbai on
16th July 2024. The Death Certificate is annexed at Exh.A to the
Petition. The Deceased at the time of of his Death had fixed place of
residence at 147/A-1, Kalapurna, Jain Society, Road No.13, Near Jain
Mandir, Sion (West), Mumbai-40022 and left property within Mumbai in
the State of Maharashtra. The said Deceased, as stated in the Petition
passed away intestate and despite due diligence and search no Will has
Chitra Sonawane. Page 1 of 3
25-MPT-915-2026 (OS).doc
been discovered. Details of the surviving legal heirs has been stated in
the table below paragraph No.4 of the Petition. Same has been duly
noted.
4. In above context, learned Counsel for the Petitioner has invited
Court's contention to the Consent Affidavit dated 20th July 2026, of
Jyotsna Pradeep Parekh, widow of the deceased. By the said Affidavit,
she has given her full and free consent for issuance of Heirship
Certificate in favour of the Petitioner. It is also stated that Proclamation
be dispensed with.
5. Similarly, she has also referred to another Consent Affidavit dated
20th July 2026 of Rima Utsav Tolia i.e. married daughter of the
Deceased. By the said Affidavit she has given her free and full consent
for issuance of Legal Heirship Certificate in favour of the Petition. It is
also stated that Proclamation/Citation/ Notice can be dispensed with.
The said Consent Affidavits are duly perused and contents therein are
noted.
6. The Petitioner has stated in the Petition that the Heirship
Certificate is required to be produced before certain authorities
including the Builder of the office bearers of the proposed housing
society to facilitate taking over possession of the new flat which is
described in the schedule of the property annexed by the Petition. Same
is noted. The Petition states that besides legal heirs set out in the table in
paragraph no.4, the Deceased has left no legal heir or next of kins of the
Chitra Sonawane. Page 2 of 3
25-MPT-915-2026 (OS).doc
Deceased.
7. It is further stated in the Petition that no application has been
made to any District Court or District Delegate or to any High Court for
a Probate of any Will of the said Deceased or for Letters of
Administration with or without the Will annexed thereto or for
Succession Certificate to the property and credits of the Deceased.
8. Paragraph No.17 of the Petition indicates that required Court fees
have been paid in this proceedings. There appears to be no delay in
filing the said Petition.
9. For the above reasons and in light of the material on record,
coupled with the statements/undertakings contained in the Petition,
read with the Consent Affidavits filed, issuance of Proclamation is
accordingly dispensed with. The Petition is allowed in terms of prayer
clause (A), which reads thus :
"(A) A Legal Heirship Certificate of the
Deceased be issued under the provision of
Bombay Regulation VIII of 1827, certifying that
(1) Jyotsna Pradeep Parekh (being the Widow
of the Deceased), (2) Ritesh Pradeep Parekh
(being the Son of the Deceased and the
Petitioner herein) and (3) Rima Utsav Tolia
(being the Married Daughter of the Deceased
are the only heirs and legal representative of
the Deceased."
10. The Petition is disposed of in the above terms. No order as to
costs.
11. All concerned to act on an authenticated copy of this Order.
[ADVAIT M. SETHNA, J.]
Chitra Sonawane. Page 3 of 3
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