Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.