Allowed¶15

Kokila Jitendra Parmar and Anr. v. Jitendra Vallabhbhai Parmar

Bombay HC16 Jul 2025MPT/403/2025

Case brief

AI extract

What is this about?

Legal heirship certificate; Bombay Regulation VIII of 1827; Section 2; Testamentary and Intestate Jurisdiction; proclamation dispensed with; sole legal heirs — wife Kokila Jitendra Parmar and son Aditya Jitendra Parmar; deceased Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar; properties and credits of deceased; Bombay High Court Misc. Petition No. 403 of 2025; Milind N. Jadhav J.; certificate within 3 weeks; office objections.

What did the court decide?

Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 granted in favour of Kokila Jitendra Parmar and Aditya Jitendra Parmar as the only legal heirs and legal representatives of the deceased; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to office objections. ¶15

Kokila Jitendra Parmar and Anr. vs Jitendra Vallabhbhai Parmar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 should be issued certifying the Petitioners as the only legal heirs and legal representatives of the deceased Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar in respect of his properties and credits. +1 more

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Court's answer

The Petitioners, Kokila Jitendra Parmar and Aditya Jitendra Parmar, are the only legal heirs of the deceased Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar.

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Ratio / Principle

In view of the Petitioners being the only legal heirs, there can be no impediment in allowing the Petition, which is allowed and disposed of in terms of prayer clauses (a) and (b).

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Key takeaways

A Legal Heirship Certificate is to be issued certifying Kokila Jitendra Parmar (wife of the deceased) and Aditya Jitendra Parmar (son of the deceased) as the only legal heirs and legal representatives of the deceased.ratio¶19
Issuance of proclamation is dispensed with.ratio¶21
The Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today, positively.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary & Intestate Jurisdiction), Milind N. Jadhav, J., 26 September 2025 — Miscellaneous Petition No. 403 of 2025, filed by Kokila Jitendra Parmar (wife) and Aditya Jitendra Parmar (son) of the deceased Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar, sought a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased's properties and credits. Finding the Petitioners to be the only legal heirs, the Court found no impediment, allowed and disposed of the Petition in terms of prayer clauses (a) and (b): a certificate certifying the two Petitioners as the sole legal heirs and legal representatives of the deceased, issuance of proclamation dispensed with, and the Department directed to issue the certificate within 3 weeks, subject to compliance with office objections.

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12.403.2025.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY & INTESTATE JURISDICTION

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MISCELLANEOUS PETITION NO. 403 OF 2025

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Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar

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.. Deceased

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Kokila Jitendra Parmar and Anr. .. Petitioners

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Ms. Rashmi Parmar, Advocate for Petitioners.

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CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 26, 2025.

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P.C.:

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1. Heard Ms. Parmar, learned Advocate for Petitioners.

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2. Present Misc. Petition is filed by Petitioners for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Jitendrakumar Vallabhdas Parmar Alias Jitendra Vallabhbhai Parmar. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph Nos.6,7 and 8 of the Petition. I have perused the same.

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3. Petitioners are the only legal heirs of the deceased.

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4. In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms

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1 of 2

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12.403.2025.doc

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of prayer clauses 'a' and 'b' which read thus:-

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“a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Kokila Jitendra Parmar (Wife of the deceased and the Petitioner No. 1 herein), (2) Aditya Jitendra Parmar (Son of the deceased and Petitioner No. 2 herein) are the only legal heirs and Legal Representatives of the deceased.

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b) That issuance of Proclamation be dispensed with.”

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5. Issuance of proclamation stands dispensed with.

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6. Department is directed to issue the legal heirship certificate

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

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7. Misc. Petition is allowed and disposed subject to compliance

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of office objections, if any, forthwith which shall be allowed by the Department.

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2025.09.30 14:54:06 +0530

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Kokila Jitendra Parmar and Anr. v. Jitendra Vallabhbhai Parmar

Case brief

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Kokila Jitendra Parmar and Anr. v. Jitendra Vallabhbhai Parmar

Case brief

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What the court decided

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