Bombay High Court
Kastur Harakhchand GogriversusHarakchand Valji Gogri alias Harakhchand Valji Gogri alias Harakhchand V Gogri,
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that, given the joint consent affidavit of the heirs, proclamation is unnecessary and a Legal Heirship Certificate may be issued under the Regulation.
Summary
The petitioner, Kastur Harakhchand Gogri, widow of the intestate deceased Harakchand Valji Gogri, filed a Miscellaneous Petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate. The deceased left no will and his only legal heirs are the petitioner and his two married daughters, who executed a joint consent affidavit waiving service of proclamation. The petitioner required the certificate to transfer a flat in Vikhroli, Mumbai, owned by the deceased. The court examined the petition, the death certificate, and the daughters' affidavit, and found no reason to order a proclamation. Consequently, the court dispensed with proclamation and ordered the issuance of the Legal Heirship Certificate naming the petitioner and the two daughters as the sole heirs. The petition was disposed in favour of the petitioner with no order as to costs.
Issues considered
- Whether a Legal Heirship Certificate can be issued under Bombay Regulation VIII of 1827 without a proclamation when the heirs have given a joint consent affidavit.
- Whether the petitioner is entitled to be declared the sole legal heir along with the two daughters under the Regulation.
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation VIII 1827
- Proclamation dispensed
- Joint consent affidavit
- Immovable property transfer
Judgment
37-MPT-998-2026 (OS).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.08.29
12:29:15
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 998 OF 2026
Harakchand Valji Gogri Alias
Harakhchand Valji Gogri Alias
Harakhchand V Gogri ...Deceased
And
Kastur Harakhchand Gogri ...Petitioner
__________
Ms. Seema Hannurkar, for the Petitioner.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 28th AUGUST 2026
P.C.:
1. Heard Ms. Seema Hannurkar, 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) by the Petitioner -
Ms. Kastur Harakhchand Gogri (70 years) who is stated to be the
widow of Harakchand Valji Gogri (“ Deceased”) for issuance of Legal
Heirship Certificate. The Deceased passed away in Mumbai on 8 th July
2026. The Death Certificate is annexed at Exh.-A to the Petition. The
Deceased was a permanent resident of Mumbai.
3. It is stated in the Petition that the Deceased passed away intestate
and despite due and diligent search, no Will has been discovered. The
Deceased has left behind the legal heirs i.e. two married daughters
besides the wife/widow of the Deceased, the details of whom are set out
Pallavi Page 1 of 3
37-MPT-998-2026 (OS).doc
in the table below Paragraph 4 of the Petition. Apart from the legal heirs
as above, it is clearly stated in the Petition that save and except the heirs
mentioned in the said table, there are no other legal heirs and next-of-
kin left by the Deceased.
4. The learned counsel for the Petitioner has drawn the Court’s
attention to the Joint Consent Affidavit dated 20 th July 2026 of the two
married daughters of the deceased viz. Rupal Jiten Dedhia and Payal
Ritesh Dedhia, who have given their free and full consent for the
issuance of the Legal Heirship Certificate in favour of the Petitioner as
also stating that the service of proclamation may not be insisted upon
them. The contents of the same are noted.
5. It appears from the Petition that the Legal Heirship Certificate is
required for the purpose of effecting transfer of immovable property i.e.
a flat situated at Vikhroli (East), Mumbai, standing in the name of the
Deceased, in favour of the legal heirs and representatives of the
Deceased, as set out in Paragraph 7 of the Petition. The details of the
said immovable property are set out in the Schedule of Property
annexed at Exh.-C of the Petition.
6. The Petitioner has paid requisite Court fees in the Petition.
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
Pallavi Page 2 of 3
37-MPT-998-2026 (OS).doc
property and credits of the Deceased abovenamed.
8. It appears that there is no delay in filing the present Petition.
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, which is accepted, issuance of Proclamation is
accordingly dispensed with, in the given factual complexion. 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 Act VIII of 1827 certifying that (1)
Kastur Harakhchand Gogri and (2) Rupal Jiten Dedhia
nee Rupal Harakhchand Gogri and (3) Payal Ritesh
Dedhia nee Payal Harakhchand Gogri are the only heirs
and legal representatives of the deceased.”
10. 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.]
Pallavi Page 3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.