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.
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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
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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
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