37-MPT-998-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 998 OF 2026 Harakchand Valji Gogri Alias Harakhchand Valji Gogri Alias Harakhchand V Gogri ...Deceased And Kastur Harakhchand Gogri ...Petitioner __________ Ms. Seema Hannurkar, for the Petitioner. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 28th AUGUST 2026 P.C.: 1. Heard Ms. Seema Hannurkar, 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 - Ms. Kastur Harakhchand Gogri (70 years) who is stated to be the widow of Harakchand Valji Gogri (“Deceased”) for issuance of Legal Heirship Certificate. The Deceased passed away in Mumbai on 8th July 2026. The Death Certificate is annexed at Exh.-A to the Petition. The Deceased was a permanent resident of 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 Deceased has left behind the legal heirs i.e. two married daughters besides the wife/widow of the Deceased, the details of whom are set out Pallavi PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.08.29 12:29:15 +0530 37-MPT-998-2026 (OS).doc in the table below Paragraph 4 of the Petition. Apart from the legal heirs as above, it is clearly stated in the Petition that save and except the heirs mentioned in the said table, there are no other legal heirs and next-of- kin left by the Deceased. 4. The learned counsel for the Petitioner has drawn the Court’s attention to the Joint Consent Affidavit dated 20th July 2026 of the two married daughters of the deceased viz. Rupal Jiten Dedhia and Payal Ritesh Dedhia, who have given their free and full consent for the issuance of the Legal Heirship Certificate in favour of the Petitioner as also stating that the service of proclamation may not be insisted upon them. The contents of the same are noted. 5. It appears from the Petition that the Legal Heirship Certificate is required for the purpose of effecting transfer of immovable property i.e. a flat situated at Vikhroli (East), Mumbai, standing in the name of the Deceased, in favour of the legal heirs and representatives of the Deceased, as set out in Paragraph 7 of the Petition. The details of the said immovable property are set out in the Schedule of Property annexed 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 Pallavi 37-MPT-998-2026 (OS).doc 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 the Consent Affidavit filed, which is accepted, 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) This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation Act VIII of 1827 certifying that (1) Kastur Harakhchand Gogri and (2) Rupal Jiten Dedhia nee Rupal Harakhchand Gogri and (3) Payal Ritesh Dedhia nee Payal Harakhchand Gogri are the only heirs and legal representatives of the deceased.” 10. 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