27-MPT-919-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 919 OF 2026 Dilip Pundlik Waghmode ... Deceased. Meena Dilip Waghmode ... Petitioner. __________ Mr Prabhu Velar a/w Ms 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 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. Meena Dilip Waghmode is stated to be the widow of Dilip Pundlik Waghmode ("Deceased"), who expired at Mumbai on 6th September 2020. Death Certificate of the Deceased is annexed at Exh.A to the Petition. It is stated that the Deceased died intestate. Despite due diligence and search, no Will is found. As far as, other legal heirs are concerned, details of the same are set out in the table below paragraph No.4. 4. It appears that apart from the Petitioner, there are two sons who are stated to be the legal heirs of the Deceased. In this regard, the learned Counsel for the Petitioner has drawn the Court's attention to the Chitra Sonawane. Page 1 of 3 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2026.08.21 20:06:53 +0530 27-MPT-919-2026 (OS).doc Consent Affidavit of Aniket Dilip Waghmode, one of the sons of the Deceased dated 16 July 2026. In the said Affidavit, the deponent has given his full and free consent for issuance of Heirship Certificate and also stated that the Proclamation/Notice can be dispensed with. 5. Similarly, Consent Affidavit dated 16th July 2026 filed by another Son i.e. Pranav Dilip Waghmode is also on record. It is stated that he has given his free and full consent for issuance of Heirship Certificate in favour of the Petitioner and issuance of Proclamation/Notice can be dispensed with. The Contents of such Consent Affidavits have been noted. 6. It is stated in the Petition that the Heirship Certificate is required to transfer the property of the deceased situated in Mumbai. The said Certificate is also required to be produced before the concerned Society and the relevant authorities in order to facilitate such transfer. 7. In paragraph No.10 of the Petition, 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. 8. As stated in paragraph No.13, the Petitioner has paid the requisite Court fees. 9. In paragraph No.14, the Petitioner has stated that there is no delay in filing the present proceedings. In this regard, the Petitioner would reply upon the decision of this Court in Ganpati Vinayak Achwal 1 Accordingly, the Petitioner would submit that there is no delay in filing the proceedings. 1 2014 MAH LJ (6);683 Chitra Sonawane. Page 2 of 3 27-MPT-919-2026 (OS).doc 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 petitioner under the provisions of Bombay Regulation VIII of certifying that the 1) Meena Dilip Waghmode (widow), 2) Aniket Dilip Waghmode (son), and 3) Pranav Dilip Waghmode (son), are the surviving Class-I Legal Heirs of the deceased, i.e., Dilip P 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