Extracted from the PDF above. The PDF is authoritative.
39-MPT-1000-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 1000 OF 2026 Ashok Mahadeo Loke ...Deceased And Lalita Ashok Loke ...Petitioner __________ Mr. Vivek B. Rane a/w Ms. Anita Joshi for the Petitioner/Applicant. __________
CORAM :
ADVAIT M. SETHNA, J.
DATE :
28th AUGUST 2026 P.C.:
1. Heard Mr. Vivek Rane, 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), by the Petitioner for issuance of Legal Heirship Certificate. The Petitioner – Lalita Ashok Loke is stated to be the widow of Ashok Mahadeo Loke (“Deceased”), who passed away in Mumbai on 30th July 2023. The Death Certificate is annexed at Exh.-A to the Petition. The Deceased at the time of his death had a fixed place of residence at Mumbai. 3. It is stated in the Petition that the Deceased passed away intestate and despite due and diligent search, no Will has been discovered. The legal heirs of the Deceased are set out in the table below Paragraph 4. The Deceased has left behind the legal heirs viz. his widow/wife, three married daughters and one son, the details of whom are tabulated in Paragraph 4 of the Petition. Apart from the legal heirs as noted above, it Pallavi PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.08.29 13:10:07 +0530
39-MPT-1000-2026 (OS).doc is specifically stated that there are no legal heirs or next-of-kin of the Deceased. 4. In this regard, the learned counsel for the Petitioner has drawn the Court’s attention to the Consent Affidavits, all dated 20th June 2026 of Shruti Sunil Nare, Janhavi Jitendra Raje and Sampada Mandar Sarang, i.e. the married daughters and Prasad Ashok Loke, i.e. son of the Deceased who have given their full and free consent for the issuance of Legal Heirship Certificate in favour of the Petitioner, also stated that the requirement of service of notice is waived by them, respectively. 5. The Petitioner would require heirship certificate, as stated in the Petition to be produced before the concerned authorities of the Society and other competent authorities for transferring the property of the Deceased. The details of the property are set out in the Schedule of Property at Exh.- C of the Petition. 6.
The Petitioner has paid requisite Court fees in the Petition. 7. 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 abovenamed. 8. It appears that there is no delay in filing the present Petition. 9. For the reasons and in light of the material on record coupled with the statements/undertakings contained in the Petition read with Consent Pallavi
39-MPT-1000-2026 (OS).doc Affidavits filed, issuance of Proclamation is accordingly dispensed with, in the given factual complexion. The Petition is allowed in terms of prayer clause (a) which reads thus:-
“(a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. LALITA ASHOK LOKE, her three married daughters Viz. SHRUTI SUNIL NARE, JANHAVI JITENDRA RAJE and SAMPADA MANDAR SARANG and one son PRASAD ASHOK LOKE are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827.”
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.] Pallavi