32-MPT-992-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 992 OF 2026 Paras Ukhchand Jain ...Deceased And Priyank Paras Jain ...Petitioner __________ Adv. Vivek Khemka i/b Adv. Rushabh Thacker, for the Petitioner. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 28th AUGUST 2026 P.C.: 1. Heard Mr. Vivek Khemka, learned counsel for the Petitioner. 2. This Miscellaneous Petition is filed under Section 2 of the Bombay Regulation VIII of 1827 ("said Regulation"). By the present Petition, the Petitioner i.e., Priyank Paras Jain, who is the son of Paras Ukhchand Jain (“Deceased”) seeks issuance of a Legal Heirship Certificate. 3. It is stated that the Deceased passed away on 4th July 2025 at Mumbai. The Deceased was a permanent resident of Mumbai. The Death Certificate evidencing the death of the Deceased is annexed at Exhibit “A” to the Petition. At the time of his death, the Deceased was residing at 1011/C, Shatrunjay Darshan, Love Lane, Byculla, GR Mumbai, Mumbai, Mayur MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.08.28 19:29:20 +0530 32-MPT-992-2026 (OS).doc Maharashtra-400027. It is further stated that the Deceased passed away intestate. Despite due and diligent search, no Will of the Deceased has been found or discovered. 4. The Petition reflects that the Deceased has left behind the following legal heirs, i.e. his widow, a son and a daughter, the details whereof are set out in the table below Paragraph 4 of the Petition, and the same are noted. 5. In this regard, Mr. Khemka, learned Counsel for the Petitioner, has drawn the attention of this Court to the Consent Affidavit dated 31st July 2026 filed by Pista Paras Jain, i.e. the widow of the Deceased. She has given her full and free consent and has also waived service of notice for the issuance of the Heirship Certificate. She has also stated that there is no requirement of insisting upon proclamation in this regard. 6. A similar Consent Affidavit has been filed by Pratiksha Paras Jain, daughter of the Deceased, dated 31st July 2026, whereby she has also given her full and free consent for the grant of the Heirship Certificate in favour of the Petitioner and has also stated that the requirement of service of proclamation be dispensed with. The contents of the said Affidavit are duly noted. 7. The Petition, more particularly, in Paragraph 4, clarifies that save and except the heirs mentioned in the table above, there are no other heirs and next of kin left by the said Deceased. 8. It appears that the Legal Heirship Certificate is required for the Mayur 32-MPT-992-2026 (OS).doc purpose of being produced before the concerned authorities, such as CIDCO and NMDC, to facilitate the transfer of a plot of land and bungalow as specified in the Schedule, in the names of the Petitioner, the Deceased’s widow, and daughter. 9. On the aspect of delay in filing of the Petition, Mr. Khemka, would place reliance on the decision of this Court in Ganapati Vinayak Achwal1. The Court held that the right to apply for heirship certificate is a continuous right which is capable of being exercised as long as object of the right as an heir exists. Therefore, in the given facts and circumstances, the issue of delay would not arise. 10. The Petitioner has stated in the Petition that he has paid the requisite Court fees for the said proceedings. 11. 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 Will annexed thereto for Succession Certificate to the property and credits of the Deceased abovenamed. 12. 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, which is accepted, issuance of Proclamation is accordingly dispensed with, in the given factual complexion. The Petition 1. [2014 MHLJ (6) 683] Mayur 32-MPT-992-2026 (OS).doc is allowed in terms of prayer clause (a), which reads thus: “a. That the Legal Heirship Certificate may be granted to the Petitioner certifying that Pista Paras Jain, Priyank Paras Jain, the Petitioner herein and Pratiksha Paras Jain, are the legal heirs and representatives of the said deceased person under the Provisions of the Bombay Regulation Act VIII of 1827;” 13. The Petition is Disposed of in the above terms. No order as to costs. 14. All parties to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.] Mayur