Godrej Shawakshaw Dolikuka v. Goolbai Shawakshaw Dolikuka

Bombay HC7 May 2025MPT/278/2025

Case brief

AI extract

What is this about?

Legal heirship certificate; Section 2 of Bombay Regulation VIII of 1827; Bombay Regulation Act VIII of 1827; sole legal heir; Testamentary and Intestate Jurisdiction; High Court of Judicature at Bombay; proclamation dispensed with; heirs and succession; deceased Goolibai Shawakshaw Dolikuka; petitioner Godrej Shawakshaw Dolikuka; advocates Subhas Abhyankar and Apurva Mhatre.

What did the court decide?

Legal heirship certificate under the Bombay Regulation Act VIII of 1827 to be issued certifying Godrej Shawakshaw Dolikuka, son of the deceased Goolibai Shawakshaw Dolikuka, as the only heir and legal representative (per Schedule 1 annexed to the petition); issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks; disposal subject to compliance of office objections. ¶¶14

Godrej Shawakshaw Dolikuka vs Goolbai Shawakshaw Dolikuka — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶14

Issue for consideration

Whether a legal heirship certificate should be issued under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Goolibai Shawakshaw Dolikuka, certifying the petitioner Godrej Shawakshaw Dolikuka as the sole legal heir.

¶¶11

Court's answer

The petitioner, Godrej Shawakshaw Dolikuka, is the sole legal heir of the deceased Goolibai Shawakshaw Dolikuka.

¶¶12

Ratio / Principle

Since the petitioner is the sole legal heir, there was no impediment in allowing the Misc. Petition, which was allowed and disposed of in terms of prayer clause (a) of the petition.

¶¶14

Key takeaways

A legal heirship certificate under the Bombay Regulation Act VIII of 1827 was ordered to be issued certifying that Godrej Shawakshaw Dolikuka, son of the deceased, is the only heir and legal representative of the deceased, as set out in Schedule 1 annexed to the petition.ratio¶¶17
Issuance of proclamation stands dispensed with.ratio¶¶18
The Department was directed to issue the legal heirship certificate as directed above within a period of 3 weeks from the date of the order.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary & Intestate Jurisdiction — Misc. Petition No. 278 of 2025 (decided 19.09.2025) by Milind N. Jadhav, J.: Petitioner Godrej Shawakshaw Dolikuka, son of the deceased Goolibai Shawakshaw Dolikuka, applied under Section 2 of Bombay Regulation VIII of 1827 for a legal heirship certificate in respect of the properties and credits of the deceased. The court found the petitioner to be the sole legal heir of the deceased and, there being no impediment, allowed and disposed of the petition in terms of prayer clause (a), directing issuance of a legal heirship certificate under the Bombay Regulation Act VIII of 1827 certifying the petitioner as the only heir and legal representative. Issuance of proclamation was dispensed with; the Department was directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any.

¶1

4.MPT.278.2025.doc

¶2

Ajay

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

TESTAMENTARY & INTESTATE JURISDICTION

¶5

MISCELLANEOUS PETITION NO. 278 OF 2025

¶6

Goolibai Shawakshaw Dolikuka .. Deceased Godrej Shawakshaw Dolikuka .. Petitioner

¶7

Mr.Subhas Abhyankar a/w Ms. Apurva Mhatre, Advocates for Petitioner.

¶8

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 19, 2025.

¶9

P.C.:

¶10

1. Heard Mr. Abhyankar, learned Advocate for Petitioner.

¶11

2. Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Goolibai Shawakshaw Dolikuka. The names and details of legal heir of the deceased are stated in paragraph No.11 of the Petition. Purpose for filing the present Petition is stated in paragraph No.19 of the Petition. I have perused the same.

¶12

3. Petitioner is sole legal heir of deceased.

¶13

4. In view of the above, there can be no impediment in

¶14

allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' read thus:-

¶15

1 of 2

¶16

4.MPT.278.2025.doc

¶17

“a. That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that Godrej Shawakshaw Dolikuka i.e., son of the Deceased abovenamed is the only heir and legal representative of the deceased above named, more particularly set out in Schedule 1 annexed hereto.”

¶18

5. Issuance of proclamation stands dispensed with.

¶19

6. Department is directed to issue the legal heirship certificate

¶20

as directed above within a period of 3 weeks from today positively.

¶21

7. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

¶22

[ MILIND N. JADHAV, J. ]

¶23

Ajay Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2025.09.20 18:37:22 +0530

¶24

2 of 2

Godrej Shawakshaw Dolikuka v. Goolbai Shawakshaw Dolikuka

Case brief

What is this about?

What did the court decide?

Godrej Shawakshaw Dolikuka v. Goolbai Shawakshaw Dolikuka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Bhausaheb Vitthal Bhogode vs Kishore Bhikaji Darade

Dipak Maruti Nilave vs Priya Vishnu Parab (Deceased)

Rahul Tanaji Kalate vs Shankar Pandurang Jagtap

Nilesh Narayan Mandavkar vs Varsha Pritam Deshmukh

Samriddhi Manjarekar Alias Kavita Kailas Patil vs Gauri Sachin Bhongale

Geeta Jaswal C/O. Mnsq Legal and Another vs Samir Sudhir Porecha Partner of M/S. Porecha Brothers