Mr. Bharat Bhushan Krishanlal Aggarwal Son Of Krishanlal Aggarwal v. Late Gita Bharat Bhushan Aggarwal (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 194 OF 2026 Mr. Bharat Bhushan Krishanlal Aggarwal ..
Petitioner Mrs. Gita Bharat Bhushan Aggarwal ..
Deceased Digitally signed by AMOL PREMNATH JADHAV Date:
2026.06.15 10:40:32 +0530 AMOL PREMNATH JADHAV ______________________________________ Mr. Rahul Mohite i/b Mr. Aviraj Tarar for Petitioner. _______________________________________ CORAM : FARHAN P. DUBASH, J.
DATE :
12th JUNE 2026 P.C.:
1.
Learned Counsel for the Petitioner seeks leave to amend prayer clause (a) and in particular, the words "Para 4" appearing in line no. 4 thereof, which shall read as "Para 6" and the date of demise of the deceased in line no. 3 of Paragraph 1 of the petition, which shall read as "24th May 2021" instead of "24th May 2020". 2.
The Petitioner is permitted to carry out these amendments forthwith in the copy of the present petition and thereafter upload the same on the website of this Court. This shall be done within one week from today.
3.
Re-verification is dispensed with.
4.
Heard Mr. Rahul Mohite, learned Counsel for the Petitioner. 5.
By this petition filed under the provisions of Bombay Regulation VIII of 1827, the Petitioner seeks issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. 6.
The deceased was the wife of the Petitioner who expired on 24th May 2021. A copy of her death certificate is annexed to the petition. It is stated that at the time of her demise, the deceased was residing and had a fixed place of abode at Flat No. 405, situated on the 4th Floor, Bhanu Apartment located at G. B. Jukar Marg, Juhu, Mumbai 400
049. It is also stated that the deceased died intestate without leaving behind any testamentary writing or Will.
7.
In paragraph 6 of the petition, the Petitioner has given details of the surviving legal heirs of the deceased i.e. husband (Petitioner herein), one son and two daughters. It is specifically stated that the parents of the deceased have predeceased her.
8.
The petition also annexes the consent affidavits of the son and two daughters of the deceased, who have given their no objection to the grant of legal heirship certificate in favour of the Petitioner, without service of proclamation/citation/notice upon them and have accorded their full and free consent to the same.
9.
It is stated that the legal heirship certificate is required to be produced before the concerned authorities in order to complete legal formalities so as to enter the name of the Petitioner as one of the legal heirs of the deceased in all the official records. 10.
It is stated that no other petition for heirship certificate, succession certificate, probate or letters of administration with or without Will have been filed. There is, therefore no impediment to the grant of the relief.
11.
In view of the material placed on record, the Petition is accepted and proclamation is dispensed with and the petition is allowed in terms of prayer clause (a) which reads thus:
"(a) This Hon'ble Court be pleased to issue a legal heirship certificate under the provision of Bombay Regulation VIII of 1827 certifying that the Petitioner along with the heirs mentioned in Para 4 are the only heirs and legal representatives of the said deceased i.e. late Mrs. Gita Bharat Bhushan Agarwal."
12.
Petition is disposed of in terms of the above order with no order as to costs.
( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil