40-MPT-1001-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 1001 OF 2026 Sanjay Harishchandra Chaurasiya Alias Sanjay H Chaurasiya Alias Sanjay Chaurasiya ...Deceased Versus Mamta Sanjay Chaurasiya ...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), for issuance of Legal Heirship Certificate. The Petitioner Ms. Mamta Sanjay Chaurasiya – wife of Sanjay Harishchandra Chaurasiya (“Deceased”) who passed away at Varanasi, Uttar Pradesh on 21st May 2018. The Death Certificate of the Deceased is annexed at Exh.-A to the Petition. 3. It is stated 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 viz. his wife, his mother and two sons, the details of whom are tabulated below paragraph 4. Apart from the legal heirs as noted above, it is specifically stated that there are no legal heirs or next-of-kin of the Deceased. 4. The learned counsel for the Petitioner at this juncture has drawn Pallavi PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.08.29 13:10:31 +0530 40-MPT-1001-2026 (OS).doc attention of the Court to the Consent Affidavits all dated 8th August 2026 filed by Swayam Sanjay Chaurasiya i.e. son of the Deceased, Sujal Sanjay Chaurasiya, other son of the Deceased and Vimla Harishchandra Chaurasiya, mother of the Deceased. The said legal heirs in their respective Consent Affidavits have given their consent to the issuance of Legal Heirship Certificate in favour of the Petitioner and also waived service of Proclamation/Notice. The averments made in the said Consent Affidavits are noted. 5. The Legal Heirship Certificate is required for a property situated in Mumbai, the details of which are being set out in Paragraph 7 of the Petition. The Heirship Certificate would be required to be produced before the statutory authorities like Municipal Corporation of Greater Mumbai. In this context, the Petition sets out that the Deceased was a permanent resident of Mumbai and had a fixed place of residence at 234, Prabhat Colony, Santacruz (E), Mumbai – 400 055. Accordingly, there is no impediment in issuing the Legal Heirship Certificate. 6. It appears that there is delay in filing of this Petition. Mr. Hannurkar 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. In view thereof, in the given facts and circumstances, the issue of delay would not arise. 1 2014 Mh.L.J. (6) 683 Pallavi 40-MPT-1001-2026 (OS).doc 7. The learned counsel submits that the requisite Court fees have been duly paid as set out in the Petition. 8. It appears from the Petition that no other proceedings before any District Court or District delegate or to any High Court for Probate of any Will of the 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. 9. For the reasons and in light of the material on record coupled with the statements/undertakings contained in the Petition read with Consent Affidavits filed, issuance of Proclamation is accordingly dispensed with, in the given factual complexion. The Petition is allowed in terms of the amended Petition in terms of the prayer clause (a):- “(a) This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that 1) Mamta Sanjay Chaurasiya, 2) Swayam Sanjay Chaurasiya, 3) Sujay Sanjay Chaurasiya and 4) Vimla Harischandra Chaurasiya are the only heirs and legal representatives of the deceased.” 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