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Bombay High Court

Kavita Pradeep WaghmodeversusPradeep Pundlik Waghmode

Decided
Disposal
DISPOSED OFF

Holding

A Legal Heirship Certificate may be issued under Bombay Regulation VIII of 1827 without a proclamation when the surviving Class‑I heirs have given full and free consent.

Summary

The widow of the deceased, Kavita Pradep Waghmode, filed a miscellaneous petition under Section 2 of Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate for her late husband who died intestate on 19 January 2019. The petition listed the surviving Class‑I legal heirs – the widow, son Saurabh Pradep Waghmode and daughter Aditi Pradep Waghmode – and attached consent affidavits from the son and daughter waiving the need for a proclamation or notice. The petitioner affirmed that no probate, letters of administration, or succession certificate had been applied for elsewhere and that the right to obtain a heirship certificate is a continuous right. Relying on the material on record and the consent affidavits, the Court held that the issuance of a proclamation could be dispensed with. Consequently, the Court ordered the issuance of a Legal Heirship Certificate confirming the three persons as the only surviving Class‑I heirs and disposed of the petition without costs.

Issues considered

  • Whether a Legal Heirship Certificate can be issued under Bombay Regulation VIII of 1827 when the deceased died intestate.
  • Whether the requirement of a proclamation or notice can be dispensed with on the basis of consent affidavits from the heirs.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation VIII
  • Consent affidavit
  • Probate

Judgment

                                             Digitally
                                             signed by
                                             CHITRA
                                    CHITRA   SANJAY
                                    SANJAY   SONAWANE
                                    SONAWANE Date:
                                             2026.08.24
                                             17:24:49
                                             +0530                                     28-MPT-922-2026 (OS).doc



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                TESTAMENTARY AND INTESTATE JURISDICTION

                                 MISC PETITION IN T AND I J NO. 922 OF 2026
                   Pradeep Pundlik Waghmode ...Deceased.

                   Kavita Pradeep Waghmode ...Petitioner.
                                                                 __________
                   Mr. Prabhu Velar,                      Advocate     a/w    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 Miscellaneous 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. Kavita Pradeep Waghmode, widow of Pradeep
                   Pundlik Waghmode ("Deceased"), who passed away at Kamothe, Panvel
                   on 19th January 2019. As stated in paragraph No.11, the Deceased was
                   a permanent resident of Mumbai. Learned Counsel for the Petitioner
                   submits that the Deceased passed away intestate, pursuant to which due
                   diligence and search has been made but no Will was discovered/found.

                   4.      The Death Certificate of the Deceased is annexed at Exh. A to the
                   Petition. Details of the legal heirs are included in the table below
                   paragraph No.4 of the Petition. It would disclose that the Deceased left
                   behind son and daughter of the Deceased. In this regard the learned
                   Counsel for the Petitioner has drawn the Court's attention the to the
Chitra Sonawane.                                                                                        Page 1 of 3
                                                                           28-MPT-922-2026 (OS).doc


                   Consent Affidavit dated 16th July 2026 of Saurabh Pradeep Waghmode,
                   Son of the Deceased. By the said Affidavit the deponent has given his
                   full and free consent for issuance of the Heirship Certificate can be
                   dispensed with.

                   5.     Similarly, he would refer to another Consent Affidavit dated 16th
                   July 2026 of Aditi Pradeep Waghmode, daughter of the Deceased. She
                   has also given her full and free consent for issuance of Heirship
                   Certificate in favour of the Petitioner and also stated that issuance of
                   Proclamation/Notice can be dispensed with. The Petition clearly states
                   that apart from the legal heirs as stated in the table below paragraph 4,
                   there are no legal heirs left behind by the Deceased.


                   6.     The properties which the Deceased have left behind are situated
                   in Mumbai. The Heirship Certificate has stated in paragraph 7, is
                   required to transfer properties, details of which are set out in the
                   Schedule of assets (Exh.E) to the Petition.


                   7.     The learned Counsel submits that the requisite Court fees has
                   been paid by the Petitioner.


                   8.     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.


                   9.     In paragraph No.14 of the Petition, it is stated that there is no
                   delay in filing the Petition, more particularly, in light of the decision of
                   this Court in Ganpati Vinayak Achwal 1. This is for the reason that the
                   right to apply for Legal Heirship Certificate is a continuous right which is


                   1 2014 MAH LJ(6);683
Chitra Sonawane.                                                                          Page 2 of 3
                                                                            28-MPT-922-2026 (OS).doc


                   capable of being exercised as long as object of the right as an heir exists.

                   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 to the petitioner under the
                             provisions of Bombay Regulation VIII of 1827,
                             certifying that the 1) Kavita Pradeep Waghmode
                             (widow), 2) Saurabh Pradeep Waghmode (son)
                             and 3) Aditi Pradeep Waghmode (daughter), are
                             the only surviving Class-I Legal Heirs of the
                             deceased, i.e., Pradeep Pundlik 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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