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Bombay High Court

Shailesh Champaklal VoraversusChetana Shailesh Vora

Decided
Disposal
DISPOSED OFF

Holding

The Court held that, given the consent affidavit, it could dispense with a proclamation and issue the legal heirship certificate naming the petitioner and the son as the sole Class‑I heirs.

Summary

The petitioner, Shailesh Champaklal Vora, filed a miscellaneous petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a legal heirship certificate for his deceased wife, Chetana Shailesh Vora, who died intestate on 3 May 2019. The petitioner claimed that he and the deceased’s son, Siddharth Shailesh Vora, are the only Class‑I legal heirs under the Hindu Succession Act, 1956. A consent affidavit from Siddharth was filed, indicating his full consent and requesting that a proclamation be dispensed with. The Court examined whether, in light of the affidavit and the absence of any will, it could issue the heirship certificate without a proclamation. Finding the affidavit sufficient, the Court dispensed with the proclamation and ordered the issuance of the legal heirship certificate naming the petitioner and the son as the sole heirs. No costs were awarded and the petition was disposed accordingly.

Issues considered

  • Whether a legal heirship certificate can be issued under Bombay Regulation VIII of 1827 without a proclamation when the sole heir consents via affidavit.
  • Whether the petitioner and the son qualify as Class‑I legal heirs under the Hindu Succession Act, 1956 in an intestate succession.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate Succession
  • Bombay Regulation VIII of 1827
  • Hindu Succession Act
  • Consent Affidavit
  • Probate
  • Succession Certificate

Judgment

           Digitally signed
                                                                                         29-MPT-924-2026 (OS).doc
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.08.21
           19:55:09
           +0530

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           TESTAMENTARY AND INTESTATE JURISDICTION

                                                   MISC PETITION NO. 924 OF 2026


                              Shailesh Champaklal Vora                              ...Petitioner
                                    Versus
                              Chetana Shailesh Vora                                 ...Respondent
                                                                __________

                              Mr. Prabhu Velar, a/w Sarita Khan for the Petitioner/Applicant.
                                                               __________

                                                         CORAM : ADVAIT M. SETHNA, J.
                                                         DATE : 21st AUGUST 2026

                              P.C.:

                              1.      Heard Mr. Prabhu Velar, learned counsel for the Petitioner.

                              2.      This Miscellaneous Petition is filed under Section 2 of the Bombay

                              Regulation VIII of 1827 (“said Regulation” for short), for issuance of

                              Legal Heirship Certificate.

                              3.      The Petitioner i.e. Shailesh Champaklal Vora (age 67 years) is stated

                              to be the husband of Chetna Shailesh Vora (“ Deceased”), who expired on

                              3rd May 2019. The Deceased at the time of her death had a fixed place of

                              residence in Mumbai. Her death certificate is annexed at Exh.-A to the

                              Petition.

                              4.      It is stated in paragraph 4 of the Petition that besides the Petitioner

                              i.e. husband of the Deceased, she has left behind her son Siddharth

                              Shailesh Vora (age 39 years) as her only heirs and next-of-kin according to

                              Hindu Succession Act, 1956.
               Pallavi                                                                                  Page 1 of 3
                                                                    29-MPT-924-2026 (OS).doc


          5.    It is stated in the Petition that the deceased passed away intestate

          and despite due diligence, no Will is discovered. The details of the legal

          heirs of the Deceased have been set out in the table below paragraph 4 in

          the Petition.

          6.    In this context, Mr. Velar, learned counsel for the Petitioner has

          drawn the Court’s attention to the Consent Affidavit of Siddharth Shailesh

          Vora, Son of the Deceased dated 13 th June 2026. By the said affidavit, the

          deponent has given his full consent for issuance of the Heirship

          Certificate. He has also stated that issuance of proclamation/notice/citation

          can be dispensed with. Particulars of such Affidavit have been noted.

          7.    The Petition in paragraph 7 states that the Heirship Certificate is

          required primarily to formally declare and recognize the Petitioner and the

          other legal heir i.e. Siddharth Vora i.e. the son of the Deceased only Class-

          I legal heirs and representatives of the said Deceased.

          8.    The Petitioner has stated in the Petition 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 abovenamed.

          9.    Paragraph 13 of the Petition discloses that the Petitioner has paid

          requisite Court fee in the Petition. The Petitioner specifically avers that

          there is no delay in filing the present proceedings more particularly in light
Pallavi                                                                            Page 2 of 3
                                                                   29-MPT-924-2026 (OS).doc


          of the decision of this Court in Ganpati Vinayak Achwal1. The same is

          being duly noted.

          10.    For the 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 provision of
                    Bombay Regulation VIII of 1827, certifying that 1)
                    Shailesh Champaklal Vora (husband) and 2) Siddharth
                    Shailesh Vora (son) are the only surviving Class - I legal
                    heirs and legal representatives of the abovenamed
                    deceased i.e., Chetana Shailesh Vora.”


          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.]




          1 2014 Mh.L.J. 6 683
Pallavi                                                                           Page 3 of 3


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