Bombay High Court
Meena Dilip WaghmodeversusDilip Pundlik Waghmode
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that, with the free consent of all Class‑I heirs and no delay, it may dispense with a proclamation and issue a Legal Heirship Certificate under Bombay Regulation VIII of 1827.
Summary
Meena Dilip Waghmode, the widow of the intestate deceased Dilip P. Waghmode, filed a petition under Section 2 of Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate to transfer the deceased’s property. The deceased left no will and had two sons, Aniket and Pranav, both of whom filed consent affidavits waiving the requirement of a proclamation/notice. The petitioner paid the requisite court fees and argued there was no delay in filing the petition. The court examined whether, on the basis of the consent affidavits and the provisions of the Regulation, it could dispense with a proclamation and issue the certificate. Finding that all Class‑I heirs consented, there was no pending application for probate or letters of administration, and no delay, the court allowed the petition and ordered the issuance of the Legal Heirship Certificate. No order as to costs was made.
Issues considered
- Whether a Legal Heirship Certificate can be issued under Bombay Regulation VIII of 1827 in an intestate succession case.
- Whether the requirement of a proclamation/notice can be dispensed with when all Class‑I heirs give consent.
- Whether the petition is barred by limitation or delay.
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation VIII
- Proclamation dispensed
- Consent affidavit
- Probate
Judgment
Digitally signed
by CHITRA
SANJAY
CHITRA SONAWANE
SANJAY Date:
SONAWANE 2026.08.21
20:06:53
+0530
27-MPT-919-2026 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 919 OF 2026
Dilip Pundlik Waghmode ... Deceased.
Meena Dilip Waghmode ... Petitioner.
__________
Mr Prabhu Velar a/w Ms Saniya Khan, for the Petitioner/Applicant.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 21st AUGUST 2026
P.C.:
1. Heard Mr. Prabhu Velar, the learned Counsel for the Petitioner.
2. The present Petition is filed under Section 2 of Bombay Regulation
VIII of 1827 ('said Regulation' for short), for issuance of Legal Heirship
Certificate.
3. The Petitioner i.e. Meena Dilip Waghmode is stated to be the
widow of Dilip Pundlik Waghmode ("Deceased"), who expired at
Mumbai on 6th September 2020. Death Certificate of the Deceased is
annexed at Exh.A to the Petition. It is stated that the Deceased died
intestate. Despite due diligence and search, no Will is found. As far as,
other legal heirs are concerned, details of the same are set out in the
table below paragraph No.4.
4. It appears that apart from the Petitioner, there are two sons who
are stated to be the legal heirs of the Deceased. In this regard, the
learned Counsel for the Petitioner has drawn the Court's attention to the
Chitra Sonawane. Page 1 of 3
27-MPT-919-2026 (OS).doc
Consent Affidavit of Aniket Dilip Waghmode, one of the sons of the
Deceased dated 16 July 2026. In the said Affidavit, the deponent has
given his full and free consent for issuance of Heirship Certificate and
also stated that the Proclamation/Notice can be dispensed with.
5. Similarly, Consent Affidavit dated 16th July 2026 filed by another
Son i.e. Pranav Dilip Waghmode is also on record. It is stated that he has
given his free and full consent for issuance of Heirship Certificate in
favour of the Petitioner and issuance of Proclamation/Notice can be
dispensed with. The Contents of such Consent Affidavits have been
noted.
6. It is stated in the Petition that the Heirship Certificate is required
to transfer the property of the deceased situated in Mumbai. The said
Certificate is also required to be produced before the concerned Society
and the relevant authorities in order to facilitate such transfer.
7. In paragraph No.10 of the Petition, the Petitioner states that no
application has been made to any District Court or District Delegate or
to any High Court for 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. As stated in paragraph No.13, the Petitioner has paid the requisite
Court fees.
9. In paragraph No.14, the Petitioner has stated that there is no
delay in filing the present proceedings. In this regard, the Petitioner
would reply upon the decision of this Court in Ganpati Vinayak Achwal 1
Accordingly, the Petitioner would submit that there is no delay in filing
the proceedings.
1 2014 MAH LJ (6);683
Chitra Sonawane. Page 2 of 3
27-MPT-919-2026 (OS).doc
10. 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 Affidavit filed, issuance of Proclamation is
accordingly dispensed with. The Petition is allowed in terms of prayer
clause (a), which reads thus :
"(a) This Hon'ble Court be pleased to issue a Legal
Heirship Certificate petitioner under the provisions
of Bombay Regulation VIII of certifying that the 1)
Meena Dilip Waghmode (widow), 2) Aniket Dilip
Waghmode (son), and 3) Pranav Dilip Waghmode
(son), are the surviving Class-I Legal Heirs of the
deceased, i.e., Dilip P Waghmode."
11. The Petition is disposed of in the above terms. No order as to
costs.
12. 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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