28-MPT-922-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 922 OF 2026 Pradeep Pundlik Waghmode ...Deceased. Kavita Pradeep Waghmode ...Petitioner. __________ Mr. Prabhu Velar, Advocate a/w Saniya Khan for the Petitioner/Applicant. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 21st AUGUST 2026 P.C.: 1. Heard Mr.Prabhu Velar, the learned Counsel for the Petitioner. 2. The present Miscellaneous Petition is filed under Section 2 of Bombay Regulation VIII of 1827 ('said Regulation' for short), for issuance of Legal Heirship Certificate. 3. The Petitioner i.e. Kavita Pradeep Waghmode, widow of Pradeep Pundlik Waghmode ("Deceased"), who passed away at Kamothe, Panvel on 19th January 2019. As stated in paragraph No.11, the Deceased was a permanent resident of Mumbai. Learned Counsel for the Petitioner submits that the Deceased passed away intestate, pursuant to which due diligence and search has been made but no Will was discovered/found. 4. The Death Certificate of the Deceased is annexed at Exh. A to the Petition. Details of the legal heirs are included in the table below paragraph No.4 of the Petition. It would disclose that the Deceased left behind son and daughter of the Deceased. In this regard the learned Counsel for the Petitioner has drawn the Court's attention the to the Chitra Sonawane. Page 1 of 3 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2026.08.24 17:24:49 +0530 28-MPT-922-2026 (OS).doc Consent Affidavit dated 16th July 2026 of Saurabh Pradeep Waghmode, Son of the Deceased. By the said Affidavit the deponent has given his full and free consent for issuance of the Heirship Certificate can be dispensed with. 5. Similarly, he would refer to another Consent Affidavit dated 16th July 2026 of Aditi Pradeep Waghmode, daughter of the Deceased. She has also given her full and free consent for issuance of Heirship Certificate in favour of the Petitioner and also stated that issuance of Proclamation/Notice can be dispensed with. The Petition clearly states that apart from the legal heirs as stated in the table below paragraph 4, there are no legal heirs left behind by the Deceased. 6. The properties which the Deceased have left behind are situated in Mumbai. The Heirship Certificate has stated in paragraph 7, is required to transfer properties, details of which are set out in the Schedule of assets (Exh.E) to the Petition. 7. The learned Counsel submits that the requisite Court fees has been paid by the Petitioner. 8. 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 property and credits of the Deceased. 9. In paragraph No.14 of the Petition, it is stated that there is no delay in filing the Petition, more particularly, in light of the decision of this Court in Ganpati Vinayak Achwal 1. This is for the reason that the right to apply for Legal Heirship Certificate is a continuous right which is 1 2014 MAH LJ(6);683 Chitra Sonawane. Page 2 of 3 28-MPT-922-2026 (OS).doc capable of being exercised as long as object of the right as an heir exists. 10. 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 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) Kavita Pradeep Waghmode (widow), 2) Saurabh Pradeep Waghmode (son) and 3) Aditi Pradeep Waghmode (daughter), are the only surviving Class-I Legal Heirs of the deceased, i.e., Pradeep Pundlik Waghmode." 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.] Chitra Sonawane. Page 3 of 3