29-MPT-924-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 924 OF 2026 Shailesh Champaklal Vora ...Petitioner Versus Chetana Shailesh Vora ...Respondent __________ Mr. Prabhu Velar, a/w Sarita Khan for the Petitioner/Applicant. __________ 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 i.e. Shailesh Champaklal Vora (age 67 years) is stated to be the husband of Chetna Shailesh Vora (“Deceased”), who expired on 3rd May 2019. The Deceased at the time of her death had a fixed place of residence in Mumbai. Her death certificate is annexed at Exh.-A to the Petition. 4. It is stated in paragraph 4 of the Petition that besides the Petitioner i.e. husband of the Deceased, she has left behind her son Siddharth Shailesh Vora (age 39 years) as her only heirs and next-of-kin according to Hindu Succession Act, 1956. Pallavi PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.08.21 19:55:09 +0530 29-MPT-924-2026 (OS).doc 5. 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. 6. In this context, Mr. Velar, learned counsel for the Petitioner has drawn the Court’s attention to the Consent Affidavit of Siddharth Shailesh Vora, Son of the Deceased dated 13th June 2026. By the said affidavit, the deponent has given his full consent for issuance of the Heirship Certificate. He has also stated that issuance of proclamation/notice/citation can be dispensed with. Particulars of such Affidavit have been noted. 7. The Petition in paragraph 7 states that the Heirship Certificate is required primarily to formally declare and recognize the Petitioner and the other legal heir i.e. Siddharth Vora i.e. the son of the Deceased only Class- I legal heirs and representatives of the said Deceased. 8. The Petitioner has stated in the Petition 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 abovenamed. 9. Paragraph 13 of the Petition discloses that the Petitioner has paid requisite Court fee in the Petition. The Petitioner specifically avers that there is no delay in filing the present proceedings more particularly in light Pallavi 29-MPT-924-2026 (OS).doc of the decision of this Court in Ganpati Vinayak Achwal1. The same is being duly noted. 10. 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 provision of Bombay Regulation VIII of 1827, certifying that 1) Shailesh Champaklal Vora (husband) and 2) Siddharth Shailesh Vora (son) are the only surviving Class - I legal heirs and legal representatives of the abovenamed deceased i.e., Chetana Shailesh Vora.” 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.] 1 2014 Mh.L.J. 6 683 Pallavi