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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