Bombay High Court
Amit Balkrishna JalanversusBalkrishna Satyanarayan Jalan
- Decided
- Disposal
- DISPOSED OFF
Holding
The court granted the legal heirship certificate, finding that the petition satisfied the requirements of the Regulation and the consent of all heirs.
Summary
The petitioner, Amit Balkrishna Jalan, filed a miscellaneous petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a legal heirship certificate for his father, Balkrishna Satyanarayan Jalan, who died intestate on 12 July 2025. The deceased left behind two children, Arvind Jalan and Hemlata Bagadiya, who both executed consent affidavits waiving notice and agreeing to the issuance of the certificate in favor of the petitioner. No will was found and no other applications for a heirship certificate had been filed. The court examined the petition, the death certificate, and the consent affidavits, finding no impediment to granting the certificate. Accordingly, the court dispensed with a proclamation and ordered that a legal heirship certificate be issued naming the three heirs as the sole legal heirs and representatives of the deceased. The petition was disposed of in the terms of the prayer.
Issues considered
- What is the appropriate procedure for granting a legal heirship certificate under the Bombay Regulation VIII of 1827 when the deceased died intestate and the heirs have consented?
Legislation cited
- Bombay Regulation VIII of 1827 — s. Section 2
Subjects
- legal heirship certificate
- intestate succession
- Bombay Regulation VIII of 1827
- consent affidavit
- miscellaneous petition
Judgment
31-MPT-991-2026 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by MAYUR
TESTAMENTARY AND INTESTATE JURISDICTION
MAYUR KONDIRAM
ADANE
KONDIRAM Date:
ADANE 2026.08.28
19:29:21
+0530
MISC PETITION IN T AND I J NO. 991 OF 2026
Balkrishna Satyanarayan Jalan ...Deceased
And
Amit Balkrishna Jalan ...Petitioner
__________
Adv. Riya Vasa, a/w Mr. Rishit Shah, i/b Lexicon Law Partners, for the
Petitioner.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 28th AUGUST 2026
P.C.:
1. Heard Ms. Riya Vasa, learned counsel for the Petitioner.
2. This Miscellaneous Petition is filed under Section 2 of the Bombay
Regulation VIII of 1827 ("said Regulation"). By the present Petition, the
Petitioner i.e., Amit Balkrishna Jalan, who is the son of Balkrishna
Satyanarayan Jalan (“Deceased”) seeks issuance of a Legal Heirship
Certificate in his favour, certifying him and the other legal heirs and legal
representatives of the Deceased, under the provisions of the said
Regulation.
3. It is stated that the Deceased expired on 12 th July 2025 at Mumbai.
The Deceased was a permanent resident of Mumbai. The Death
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31-MPT-991-2026 (OS).doc
Certificate evidencing the death of the Deceased is annexed at Exhibit “A”
to the Petition. At the time of his death, the Deceased was residing at
Serenity Building, 6th Floor, Flat No. 601, Indra Narayan Road, Opp.
Lokhandwalla Builder Office, Santacruz (West), Mumbai-400054. It is
further stated that the Deceased passed away intestate. Despite due and
diligent search, no Will of the Deceased has been found or discovered.
4. The Petition reflects that the Deceased has left behind the following
legal heirs and next of kin, the details whereof are set out in the table
below paragraph 4. They are the son and daughter of the Deceased,
besides the Petitioner who has preferred the present Petition.
5. The Petition further states that the parents of the said Deceased
predeceased to the Deceased. The wife of the Deceased also predeceased
to the Deceased. The Deceased died as a widower, leaving behind the legal
heirs as described above. It is further stated that, apart from the legal heirs
referred to above, there are no other legal heirs or next of kin of the
Deceased.
6. The present Petition for obtaining the Legal Heirship Certificate has
been filed by the Petitioner after obtaining the consent of the other legal
heirs in this regard. The attention of this Court is invited to the Consent
Affidavit dated 11th August 2026 of Arvind Balkrishna Jalan, i.e. one of
the sons of the Deceased, who has given his full and free consent and has
also waived service of notice for the grant of the Heirship Certificate in
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31-MPT-991-2026 (OS).doc
favour of the Petitioner.
7. A similar Consent Affidavit has been filed by Hemlata Bagadiya,
i.e., daughter of the Deceased, dated 11th August 2026, whereby she has
also given her full and free consent for the grant of the Heirship Certificate
in favour of the Petitioner and has stated that she waives service of notice
in this regard. The contents of the said Consent Affidavit are duly noted.
8. The Petitioner has further stated that no application has been filed
for obtaining a Legal Heirship Certificate in any other Court of Law.
Further, no other application has been filed by any of the other heirs for
obtaining a Legal Heirship Certificate in any other Court of Law. The
Petitioner submits that the Legal Heirship Certificate is required for
declaration of the Petitioner and the other legal heirs of the Deceased as
shown in chart at Paragraph 4 of the Petition.
9. It appears from the averments made in the Petition that there is no
delay in filing the present Petition. The Petitioner has stated in the
Petition that he has paid the requisite Court fees for the said proceedings.
10. Heard the learned counsel for the Petitioner and with her assistance,
perused the Petition. The Petitioner, more particularly, in Paragraph 4,
states that save and except the heirs mentioned in the table above, there
are no other heirs and next of kin left by the said Deceased. It is in such
factual complexion as noted above, that the Petitioner seeks for issuance of
the Heirship Certificate under the provisions of the said Regulation.
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31-MPT-991-2026 (OS).doc
11. 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 Affidavits filed, which is accepted. Issuance of Proclamation is
accordingly dispensed with. Petition is allowed in terms of prayer clause
(a), which reads thus:
“a. the Certificate of Heirship be granted to and in
favour of the Petitioner thereby certifying that (i)
Hemlata Bagadiya, (ii) Arvind Jalan and (iii) Amit Jalan,
the Petitioner herein are the only legal heirs and
representatives of the said Deceased as mentioned in
paragraph No. 4 of this Petition”
12. The Petition is Disposed of in the above terms. No order as to costs.
13. All parties to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
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