25-MPT-915-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 915 OF 2026 Pradeep Jivraj Parekh ... Deceased. Ritesh Pradeep Parekh ... Petitioner _________ Ms Vaishnavi Prabhudesai i/by Ms Juilee Ghadge for the Petitioner/Applicant. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 21st AUGUST 2026 P.C.: 1. Heard Ms Vaishnavi Prabhudesai, 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. It is stated in the Petition that the Petitioner i.e. Ritesh Pradeep Parekh (aged 45 years) is the Son of Pradeep Jivraj Parekh ("Deceased") and is the surviving legal heir. 3. It is stated in the Petition that the Deceased expired at Mumbai on 16th July 2024. The Death Certificate is annexed at Exh.A to the Petition. The Deceased at the time of of his Death had fixed place of residence at 147/A-1, Kalapurna, Jain Society, Road No.13, Near Jain Mandir, Sion (West), Mumbai-40022 and left property within Mumbai in the State of Maharashtra. The said Deceased, as stated in the Petition passed away intestate and despite due diligence and search no Will has Chitra Sonawane. Page 1 of 3 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2026.08.24 15:03:51 +0530 25-MPT-915-2026 (OS).doc been discovered. Details of the surviving legal heirs has been stated in the table below paragraph No.4 of the Petition. Same has been duly noted. 4. In above context, learned Counsel for the Petitioner has invited Court's contention to the Consent Affidavit dated 20th July 2026, of Jyotsna Pradeep Parekh, widow of the deceased. By the said Affidavit, she has given her full and free consent for issuance of Heirship Certificate in favour of the Petitioner. It is also stated that Proclamation be dispensed with. 5. Similarly, she has also referred to another Consent Affidavit dated 20th July 2026 of Rima Utsav Tolia i.e. married daughter of the Deceased. By the said Affidavit she has given her free and full consent for issuance of Legal Heirship Certificate in favour of the Petition. It is also stated that Proclamation/Citation/ Notice can be dispensed with. The said Consent Affidavits are duly perused and contents therein are noted. 6. The Petitioner has stated in the Petition that the Heirship Certificate is required to be produced before certain authorities including the Builder of the office bearers of the proposed housing society to facilitate taking over possession of the new flat which is described in the schedule of the property annexed by the Petition. Same is noted. The Petition states that besides legal heirs set out in the table in paragraph no.4, the Deceased has left no legal heir or next of kins of the Chitra Sonawane. Page 2 of 3 25-MPT-915-2026 (OS).doc Deceased. 7. It is further stated in the Petition that no application has been made to any District Court or District Delegate or to any High Court for a 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. 8. Paragraph No.17 of the Petition indicates that required Court fees have been paid in this proceedings. There appears to be no delay in filing the said Petition. 9. 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, issuance of Proclamation is accordingly dispensed with. The Petition is allowed in terms of prayer clause (A), which reads thus : "(A) A Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation VIII of 1827, certifying that (1) Jyotsna Pradeep Parekh (being the Widow of the Deceased), (2) Ritesh Pradeep Parekh (being the Son of the Deceased and the Petitioner herein) and (3) Rima Utsav Tolia (being the Married Daughter of the Deceased are the only heirs and legal representative of the Deceased." 10. The 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.] Chitra Sonawane. Page 3 of 3