Vincy Ateet Vakil vs Nirupa Raichand Jhaveri — Bombay HC (2026) — LawSathi Research

Vincy Ateet Vakil vs Nirupa Raichand Jhaveri — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Miscellaneous Petition allowed and disposed: Legal Heirship Certificate to be issued in the names of all three legal heirs (including the non-consenting real sister of the deceased), subject to Petitioners amending the petition and prayer clause within one week (reverification dispensed with), and the Department issuing the certificate within two weeks of the amendment.

Issue for consideration

Whether the Court should grant a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of deceased Nirupa Raichand Jhaveri. +1 more

Court's answer

Upon the amendment being carried out, the Department shall issue the Legal Heirship Certificate in accordance with the amended prayer clause in the names of all three legal heirs in accordance with law within two weeks.

Ratio / Principle

The legal heirship certificate granted to the Petitioners shall bear the names of all three legal heirs, including the non-consenting legal heir (the deceased's real sister).

Key takeaways

Petitioners are directed to amend the Petition to implead and include the non-consenting legal heir in the prayer clause; the amendment may be carried out online and offline within one week, and reverification stands dispensed with.ratio¶18
The legal heirship certificate shall not be used by the Petitioners to the detriment of the third legal heir (the real sister) in dealing with the properties and credits of the deceased; her share shall be justified in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction - Miscellaneous Petition No. 106 of 2026 (Milind N. Jadhav, J., April 10, 2026): Petition under Section 2 of Bombay Regulation VIII of 1827 for a Legal Heirship Certificate in respect of deceased Nirupa Raichand Jhaveri (expired 17.10.2024). Of the three legal heirs, two are the Petitioners (Vincy A. Vakil and Ors.); the third, the deceased's real sister, is a non-consenting heir who nonetheless has a share in the deceased's property and credits, as conceded by petitioners' counsel. The Court directed the Petitioners to amend the Petition to implead and include the non-consenting heir in the prayer clause (amendment online/offline within one week; reverification dispensed with), held that the certificate shall name all three legal heirs and shall not be used to the detriment of the non-consenting heir, whose share is to be justified in accordance with law, and directed the Department to issue the certificate within two weeks of the amendment. Petition allowed and disposed.

43.MPT.106.2026.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.106 OF 2026

Nirupa Raichand Jhaveri .. Deceased Vincy A. Vakil and Ors. .. Petitioners

Mr. Prathmesh Seth a/w. Ms. Trupti Gosavi for Petitioners.

CORAM : MILIND N. JADHAV, J. DATE : APRIL 10, 2026

P.C.:

1. Mentioned out of turn.

2. Heard Mr. Seth, learned Advocate for Petitioners.

3. Petition is filed for issuance of Grant under Section 2 of of Bombay Regulation VIII of 1827 for issuance of Legal Heirship Certificate in respect of deceased Nirupa Raichand Jhaveri who expired on 17.10.2024.

4. There are three legal heirs. Two legal heirs are Petitioners before me. The third legal heir which is the non-consenting legal heir is the real sister of the deceased. Mr. Seth in his usual fairness informs the Court that she also has a share in the property and credits of the deceased. In that view of the matter, her name shall be impleaded in the legal heirship that shall be granted by the Department. Affidavit dated 20.03.2026 has been filed by Mr. Seth consenting inclusion of

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43.MPT.106.2026.doc

the name of non-consenting legal heir as one of the legal heir of the deceased.

5. The legal heirship certificate which shall be granted by this Court to the Petitioners will have name of all three legal heirs.

6. Needless to state that legal heirship certificate will not be used by Petitioners to the detriment of the third legal heir namely the real sister in so far as dealing with the properties and credits of the deceased are concerned. If that be so, her share shall be accordingly justified in accordance with law. In view of the above, Petitioners are directed to amend the Petition and implead and include the name of the non-consenting legal in the prayer clause of the Petition. Necessary amendment is permitted to be carried out online and offline within a period of one week from today. Reverification stands dispensed with for the purpose of carrying out both the amendments.

7. Department shall allow the same. Once that is done, Department shall issue the Certificate in accordance with the amended prayer clause in the names of all three legal heirs in accordance with law within a period of two weeks from date of carrying out amendment.

8. Miscellaneous Petition is allowed and disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2026.04.13 15:42:44 +0530

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