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Bombay High Court

Priyank Paras JainversusParas Ukhchand Jain

Decided
Disposal
DISPOSED OFF

Holding

The court held that consent of all legal heirs dispenses with the requirement of proclamation and that delay does not preclude the issuance of a legal heirship certificate.

Summary

Priyank Paras Jain filed a miscellaneous petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate for his father, Paras Ukhchand Jain, who died intestate on 4 July 2025. The petitioner submitted the deceased's death certificate and consent affidavits from the widow, Pista Paras Jain, and the daughter, Pratiksha Paras Jain, both waiving notice and the requirement of proclamation. The petition asserted that no other heirs exist and that the certificate is needed to transfer property to the petitioner, widow, and daughter. The court relied on Ganapati Vinayak Achwal, holding that the right to apply for an heirship certificate is continuous and that delay does not bar the application. Consequently, the court dispensed with the proclamation and granted the Legal Heirship Certificate, disposing of the petition in the petitioner’s favour.

Issues considered

  • Whether a legal heirship certificate can be issued without a proclamation when all heirs have given consent.
  • Whether delay in filing the petition bars the grant of a legal heirship certificate.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation
  • Proclamation dispensed
  • Consent affidavit
  • Delay in filing
  • Probate

Judgment

                                                                                              32-MPT-992-2026 (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
           19:29:20
           +0530


                                                 MISC PETITION IN T AND I J NO. 992 OF 2026


                                      Paras Ukhchand Jain                                       ...Deceased
                                              And
                                      Priyank Paras Jain                                        ...Petitioner
                                                                     __________

                                      Adv. Vivek Khemka i/b Adv. Rushabh Thacker, for the Petitioner.
                                                                  __________

                                                                CORAM : ADVAIT M. SETHNA, J.

                                                                DATE     :   28th AUGUST 2026

                                      P.C.:

                                      1.      Heard Mr. Vivek Khemka, 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., Priyank Paras Jain, who is the son of Paras Ukhchand Jain

                                      (“Deceased”) seeks issuance of a Legal Heirship Certificate.

                                      3.      It is stated that the Deceased passed away on 4 th July 2025 at

                                      Mumbai. The Deceased was a permanent resident of Mumbai. The Death

                                      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

                                      1011/C, Shatrunjay Darshan, Love Lane, Byculla, GR Mumbai, Mumbai,

                              Mayur                                                                          Page 1 of 4
                                                                  32-MPT-992-2026 (OS).doc


        Maharashtra-400027. 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, i.e. his widow, a son and a daughter, the details whereof are set

        out in the table below Paragraph 4 of the Petition, and the same are noted.

        5.    In this regard, Mr. Khemka, learned Counsel for the Petitioner, has

        drawn the attention of this Court to the Consent Affidavit dated 31 st July

        2026 filed by Pista Paras Jain, i.e. the widow of the Deceased. She has

        given her full and free consent and has also waived service of notice for the

        issuance of the Heirship Certificate. She has also stated that there is no

        requirement of insisting upon proclamation in this regard.

        6.    A similar Consent Affidavit has been filed by Pratiksha Paras Jain,

        daughter of the Deceased, dated 31st July 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 also stated that the requirement of service of

        proclamation be dispensed with. The contents of the said Affidavit are

        duly noted.

        7.    The Petition, more particularly, in Paragraph 4, clarifies 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.

        8.    It appears that the Legal Heirship Certificate is required for the
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                                                                 32-MPT-992-2026 (OS).doc


        purpose of being produced before the concerned authorities, such as

        CIDCO and NMDC, to facilitate the transfer of a plot of land and

        bungalow as specified in the Schedule, in the names of the Petitioner, the

        Deceased’s widow, and daughter.

        9.      On the aspect of delay in filing of the Petition, Mr. Khemka, would

        place reliance on the decision of this Court in Ganapati Vinayak Achwal1.

        The Court held that the right to apply for heirship certificate is a

        continuous right which is capable of being exercised as long as object of

        the right as an heir exists. Therefore, in the given facts and circumstances,

        the issue of delay would not arise.

        10.     The Petitioner has stated in the Petition that he has paid the

        requisite Court fees for the said proceedings.

        11.     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

        Will annexed thereto for Succession Certificate to the property and credits

        of the Deceased abovenamed.

        12.     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, in the given factual complexion. The Petition


        1. [2014 MHLJ (6) 683]
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                                                                 32-MPT-992-2026 (OS).doc


        is allowed in terms of prayer clause (a), which reads thus:

                 “a. That the Legal Heirship Certificate may be
                 granted to the Petitioner certifying that Pista Paras
                 Jain, Priyank Paras Jain, the Petitioner herein and
                 Pratiksha Paras Jain, are the legal heirs and
                 representatives of the said deceased person under
                 the Provisions of the Bombay Regulation Act VIII
                 of 1827;”

        13.   The Petition is Disposed of in the above terms. No order as to costs.

        14.   All parties to act on an authenticated copy of this order.



                                                [ADVAIT M. SETHNA, J.]




Mayur                                                                           Page 4 of 4


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