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2026 DAILYLAW 4734 (BOM)

Amit Balkrishna Jalan v. Balkrishna Satyanarayan Jalan

MPT/991/2026 · 2026-08-28

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Judgment text

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31-MPT-991-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 991 OF 2026 Balkrishna Satyanarayan Jalan ...Deceased And Amit Balkrishna Jalan ...Petitioner __________ Adv. Riya Vasa, a/w Mr. Rishit Shah, i/b Lexicon Law Partners, for the Petitioner. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 28th AUGUST 2026 P.C.: 1. Heard Ms. Riya Vasa, 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., Amit Balkrishna Jalan, who is the son of Balkrishna Satyanarayan Jalan (“Deceased”) seeks issuance of a Legal Heirship Certificate in his favour, certifying him and the other legal heirs and legal representatives of the Deceased, under the provisions of the said Regulation. 3. It is stated that the Deceased expired on 12th July 2025 at Mumbai. The Deceased was a permanent resident of Mumbai. The Death Mayur MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.08.28 19:29:21 +0530 31-MPT-991-2026 (OS).doc 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 Serenity Building, 6th Floor, Flat No. 601, Indra Narayan Road, Opp. Lokhandwalla Builder Office, Santacruz (West), Mumbai-400054. 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 and next of kin, the details whereof are set out in the table below paragraph 4. They are the son and daughter of the Deceased, besides the Petitioner who has preferred the present Petition. 5. The Petition further states that the parents of the said Deceased predeceased to the Deceased. The wife of the Deceased also predeceased to the Deceased. The Deceased died as a widower, leaving behind the legal heirs as described above. It is further stated that, apart from the legal heirs referred to above, there are no other legal heirs or next of kin of the Deceased. 6. The present Petition for obtaining the Legal Heirship Certificate has been filed by the Petitioner after obtaining the consent of the other legal heirs in this regard. The attention of this Court is invited to the Consent Affidavit dated 11th August 2026 of Arvind Balkrishna Jalan, i.e. one of the sons of the Deceased, who has given his full and free consent and has also waived service of notice for the grant of the Heirship Certificate in Mayur 31-MPT-991-2026 (OS).doc favour of the Petitioner. 7. A similar Consent Affidavit has been filed by Hemlata Bagadiya, i.e., daughter of the Deceased, dated 11th August 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 stated that she waives service of notice in this regard. The contents of the said Consent Affidavit are duly noted. 8. The Petitioner has further stated that no application has been filed for obtaining a Legal Heirship Certificate in any other Court of Law. Further, no other application has been filed by any of the other heirs for obtaining a Legal Heirship Certificate in any other Court of Law. The Petitioner submits that the Legal Heirship Certificate is required for declaration of the Petitioner and the other legal heirs of the Deceased as shown in chart at Paragraph 4 of the Petition. 9. It appears from the averments made in the Petition that there is no delay in filing the present Petition. The Petitioner has stated in the Petition that he has paid the requisite Court fees for the said proceedings. 10. Heard the learned counsel for the Petitioner and with her assistance, perused the Petition. The Petitioner, more particularly, in Paragraph 4, states 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. It is in such factual complexion as noted above, that the Petitioner seeks for issuance of the Heirship Certificate under the provisions of the said Regulation. Mayur 31-MPT-991-2026 (OS).doc 11. 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. Petition is allowed in terms of prayer clause (a), which reads thus: “a. the Certificate of Heirship be granted to and in favour of the Petitioner thereby certifying that (i) Hemlata Bagadiya, (ii) Arvind Jalan and (iii) Amit Jalan, the Petitioner herein are the only legal heirs and representatives of the said Deceased as mentioned in paragraph No. 4 of this Petition” 12. The Petition is Disposed of in the above terms. No order as to costs. 13. All parties to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.] Mayur