Bombay High Court
Rushikesh Chandrakrishna DesaiversusArti Rushikesh Desai nee Arati Ashok Shah alias Arti Ashok Shah
- Decided
- Disposal
- DISPOSED OFF
Holding
The court dispensed with the proclamation and granted the Legal Heirship Certificate, declaring the petitioner and his minor son as the sole Class‑I legal heirs.
Summary
The petitioner, Rushikesh Chandrakrishna Desai, filed a Miscellaneous Petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate for himself and his minor son, Vihaan, after the intestate death of his wife, Arti Rushikesh Desai, on 4 October 2025. No will was found, and the petitioner submitted a consent affidavit stating there were no objections to the issuance of the certificate and that a proclamation could be dispensed with. The court examined whether the petition was filed within the statutory three‑year period and whether the petitioner had satisfied the requirements of the Regulation. Relying on the affidavit and the absence of other heirs, the court held that a proclamation was unnecessary and that the petitioner and his son were the sole Class‑I legal heirs. Consequently, the court ordered the issuance of a Legal Heirship Certificate naming the petitioner and his son as the only surviving heirs.
Issues considered
- Whether a Legal Heirship Certificate can be issued under Bombay Regulation VIII of 1827 without a proclamation when the deceased died intestate and the petitioner submits a consent affidavit.
- Whether the petition filed within three years of death satisfies the statutory time limit for such applications.
Legislation cited
- Bombay Regulation VIII of 1827 — s. Section 2
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation VIII
- Minor heir
- Proclamation dispensed
- Probate
Judgment
PALLAVI 31-MPT-927-2026 (OS).doc
MAHENDRA
WARGAONKAR
Digitally signed by
PALLAVI MAHENDRA
WARGAONKAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.08.21
19:18:58 +0530 TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION NO. 927 OF 2026
Arti Rushikesh Desai Nee Arati Ashok Shah
Alias Arti Ashok Shah ...Deceased
And
Rushikesh Chandrakrishna Desai ...Petitioner
__________
Mr. Prabhu Velar a/w Pooja Thorat and Saniya Khan, for the Petitioner.
__________
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 - Rushikesh Chandrakrishna Desai (aged 48 years)
who is the husband of Arti Rushikesh Desai Nee Arati Ashok Shah alias
Arti Ashok Shah (“Deceased”), who expired in Mumbai on 4 th October
2025. The death certificate of the deceased is at Exh-A to the Petition.
4. 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. Besides the Petitioner i.e. husband of the Deceased, the
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31-MPT-927-2026 (OS).doc
other legal heir is stated to be their minor son i.e. Vihaan Rushikesh
Desai, age 17 years.
5. In this regard, Mr. Velar has drawn Court’s attention to the
Consent Affidavit filed by the Petitioner dated 13 th July 2026. The
deponent has therein stated that since his son Vihaan Rushikesh Desai is
a minor, such Consent Affidavit is made on his behalf being father and
natural guardian of the minor son. The deponent has also stated that
there is no objection for issuance of the legal heirship certificate in
favour of the Petitioner and also that the issuance of
proclamation/notice/citation can be dispensed with. The contents of the
said Consent Affidavit have been noted.
6. The Petition clearly stated that besides the legal heirs as set out in
paragraph 4, there are no other legal heirs or next-of-kin of the
deceased. Paragraph 7 of the Petition discloses that the legal heirship
certificate is required to be produced before the concerned Society and
the other statutory authorities to facilitate the transfer of properties
more particularly, set out in the schedule of Assets at Exh.-D to the
Petition. Also to recognize all the legal heirs in para 4 of the Petition as
the only surviving class-I legal heirs and representatives of the Deceased.
7. 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
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31-MPT-927-2026 (OS).doc
property and credits of the Deceased abovenamed.
8. Paragraph 13 of the Petition discloses that the Petitioner has paid
requisite Court fees in the Petition. It is also stated that there is no delay
in filing the present proceedings which is filed within the period of three
years from the death of the Deceased.
9. 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 provisions of
Bombay Regulation VIII of 1827, certifying that the 1)
Rushikesh Chandrakrishna Desai (husband), and 2)
Vihaan Rushikesh Desai (son) are the only surviving Class
– I Legal Heirs of the deceased, i.e. Arti Rushikesh Desai
nee Arati Ashok Shah alias Arti Ashok Shah.”
10. The Petition is disposed of in the above terms. No order as to
costs.
11. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
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