Meghana Abhay Shape vs Abhay Dharma Shape (Deceased) — Bombay HC (2025) — LawSathi Research

Meghana Abhay Shape vs Abhay Dharma Shape (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Legal Heirship Certificate to be issued under Bombay Regulation VIII of 1827 in terms of prayer clause (a), certifying the Petitioners as the only heirs and legal representatives of the deceased; proclamation dispensed with; Department directed to issue the certificate within 3 weeks from the date of removal of office objections; Interim Application (L) No. 12571 of 2025 filed by the sister of the deceased also disposed.

Issue for consideration

Whether a Legal Heirship Certificate should issue under Section 2 of Bombay Regulation VIII of 1827 certifying the Petitioners as the only heirs and legal representatives of the deceased Abhay Dharma Shape. +1 more

Court's answer

There was no impediment to allowing the Petition; the Misc. Petition was allowed and disposed of in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate under Bombay Regulation VIII of 1827 certifying the Petitioners as the only heirs and legal representatives of the deceased.

Ratio / Principle

Issuance of proclamation stands dispensed with.

Key takeaways

The Department is directed to issue the legal heirship certificate within a period of 3 weeks.ratio¶6
The Petition is allowed and disposed subject to compliance of office objections, if any, and the 3-week period for issuance of the certificate shall start from the date of removal of office objections.ratio¶7
The Interim Application filed by the sister of the deceased is disposed.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Milind N. Jadhav, J.; October 10, 2025): Misc. Petition No. 440 of 2025 filed by Meghana Abhay Shape & Anr. under Section 2 of Bombay Regulation VIII of 1827 for issuance of a Legal Heirship Certificate in respect of the properties and credits of the deceased Abhay Dharma Shape, supported by an affidavit of the Petitioner dated 06.08.2024 as mother and natural guardian of minor daughter Aditi Abhay Shape. The Court found no impediment to allowing the Petition, allowed and disposed it in terms of prayer clause (a) seeking a certificate that the Petitioners are the only heirs and legal representatives of the deceased, dispensed with issuance of proclamation, and directed the Department to issue the certificate within 3 weeks, that period to run from removal of office objections, if any. The connected Interim Application (L) No. 12571 of 2025 filed by the sister of the deceased was also disposed.

48. MPT-440-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISC. PETITION NO. 440 OF 2025

WITH

INTERIM APPLICATION (L) NO. 12571 OF 2025

Abhay Dharma Shape .. Deceased

Meghana Abhay Shape & Anr. .. Petitioners

Ms. Dipti Nagda, Advocate for Petitioner

Mr. Sahil A.Pandire, Advocate for Applicant

CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 10, 2025

P. C.:

1. Heard Ms. Nagda, learned Advocate for Petitioner and Mr. Pandire, learned Advocate for Applicant in Interim Application.

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 abovenamed. The names and details of legal heirs of the deceased are stated in paragraph No. 2 of the Petition. Purpose for filing the present Petition is stated in the Petition. I have perused the same.

3. Affidavit in support of Petition dated 06.08.2024 filed by Petitioner in her capacity and as mother and natural guardian of minor daughter - Aditi Abhay Shape is appended at page Nos. 57-59 of Petition.

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48. MPT-440-25.docx

4. In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause (a) which read thus:-

"(a) That a Legal Heirship Certificate be issued under the provision of Bombajl Regulation Act VIII of 1827, certifying that the Petitioners herein are the only Heirs and Legal Representative of the deceased abovenamed."

5. Issuance of proclamation stands dispensed with.

6. Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections. Interim Application filed by sister of the deceased is also disposed.

[ MILIND N. JADHAV, J. ]

Digitally signed RAVINDRA by RAVINDRAMOHAN MOHAN AMBERKAR AMBERKAR Date:2025.10.13 11:18:23 +0530

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