Bombay High Court
Daniel Philips DarshiversusDarshi Karnamma Philips alias Karnamma Philips Darshi
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is allowed, and the petitioners are declared the only Class I legal heirs, with the Department directed to issue the Legal Heirship Certificate.
Summary
The petitioners, three sons and a married daughter of the deceased Darshi Karnamma Philips, filed a petition under Section 2 of Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate after the deceased died intestate on 12 September 2014. They asserted that they are the only Class I legal heirs under the Hindu Succession Act, 1956, with no other surviving relatives. The petition addressed a delay in filing, which the court condoned based on the precedent set in Ganpati Vinayak Achwal, holding that the right to apply for heirship is a continuous right. The court accepted the petitioners' statements and undertakings, dispensing with the need for a proclamation. Consequently, the court ordered the issuance of a Legal Heirship Certificate naming the petitioners as the sole heirs and directed the Department to issue the certificate within four weeks.
Issues considered
- Whether the petitioners are the only Class I legal heirs of the deceased under the Hindu Succession Act, 1956.
- Whether the delay in filing the petition can be condoned.
- Whether a proclamation is required before issuing a Legal Heirship Certificate under Bombay Regulation VIII of 1827.
Legislation cited
Subjects
- Legal Heirship Certificate
- Intestate succession
- Hindu Succession Act
- Bombay Regulation VIII
- Delay condonation
- Probate
- Class I heirs
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1080 OF 2026
Darshi Karnamma Philips alias
Karnamma Philips Darshi .. Deceased
1. Daniel Philips Darshi .. Petitioner no. 1
2. John Philips Darshi .. Petitioner no. 2
3. Arthur Philips Darshi .. Petitioner no. 3
4. Hellina Vinodraj Thodeti
(Nee Hellina Philips Darshi) .. Petitioner no. 4
Ms. Saniya Khan, i/by Ms. Sharvari Nagvekar, Advocates for the
Petitioners.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 24th September, 2026.
P.C. :
1. This Petition is filed seeking Legal Heirship Certificate under
Section 2 of Bombay Regulation VIII of 1827, in respect of the
deceased-Darshi Karnamma Philips alias Karnamma Philips Darshi.
The Deceased died intestate at Mumbai on 12th September, 2014 and a
copy of the Death Certificate is annexed at Exhibit-A to the Petition.
2. The Petitioners are the three sons and one married daughter of
the Deceased as more particularly set out at paragraph no. 4 of the
Petition, which is as under:
1/4
2-MPT-1080-2026.doc Dixit
Names and Address of the
Relation with
Sr. No. heirs and next of kin of the Age
the Deceased
Deceased abovenamed
Daniel Philips Darshi,
R/at 2/109, Abhyudaya
Nagar, Veer Shrikant Keshav
Hadkar Marg, G. D. Ambekar Son
1 66 Years
Marg, M.H.B. Colony, (Petitioner no. 1)
Kalachowki, Tank Road,
Mumbai - 400 033,
Maharashtra.
John Philips Darshi,
R/at 2/109, Abhyudaya
Nagar, Veer Shrikant Keshav
Hadkar Marg, G. D. Ambekar Son
2 64 Years
Marg, M.H.B. Colony, (Petitioner no. 2)
Kalachowki, Tank Road,
Mumbai - 400033,
Maharashtra.
Arthur Philips Darshi,
R/at 2/109, Abhyudaya
Nagar, Veer Shrikant Keshav
Hadkar Marg, G. D. Ambekar Son
3 60 Years
Marg, M.H.B. Colony, (Petitioner no. 3)
Kalachowki, Tank Road,
Mumbai - 400033,
Maharashtra.
Hellina Vinodraj Thodeti
(Nee Hellina Philips Darshi)
residing at 38/2010,
Married Daughter
4 Vakratunda CHSL, Gandhi 58 Years
(Petitioner no. 4)
Nagar, Near M.I.G. Club,
Bandra (East), Mumbai —
400 051, Maharashtra.
3. As stated in paragraph no. 4 of the Petition, the Petitioners are
2/4
2-MPT-1080-2026.doc Dixit
the only heirs and next-of-kin as per Hindu Succession Act, 1956. The
parents of the husband of the Deceased have predeceased the
Deceased and the husband of the Deceased predeceased the Deceased.
There are no other heirs or next-of-kin, save and except as stated
above. It is in this background that the Petitioners seek issuance of the
Heirship Certificate.
4. The purpose and reason for filing of this Petition is stated at
paragraph no. 6 of the Petition. The Petitioners have not filed any
other Petition or Application in any Court seeking Legal Heirship
Certificate or Probate or Letters of Administration of the Deceased.
5. As far as the delay is concerned, the same is condoned in the
light of the judgment of this Court in Ganpati Vinayak Achwal1
wherein this Court has held that the right to apply is a continuous right
which is capable of being exercised at any time after the death of the
Deceased, as long as the right to do so exists.
6. In view of the statements/undertakings in the Petition which are
accepted, the issuance of proclamation is dispensed with and
1 2014 SCC OnLine Bom 1193
3/4
2-MPT-1080-2026.doc Dixit
Miscellaneous Petition no. 1080 of 2026 is allowed in terms of
prayer clause (a), which reads as under:-
“(a) This Hon’ble Court be pleased to issue a Legal
Heirship Certificate to the petitioners under the
provision of Bombay Regulation VIII of 1827
certifying that follows persons i.e.(1) Daniel Philips
Darshi (Son), (2) John Philips Darshi (Son), (3)
Arthur Philips Darshi (Son) and (3) Hellina Vinodraj
Thodeti (Nee Hellina Philips Darshi) (daughter) are
the only Class I Legal Heirs of the deceased
abovenamed i.e. Darshi Karnamma Philips alias
Karnamma Philips Darshi.”
7. The Department is directed to issue the Legal Heirship
Certificate within a period of four weeks from today.
[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by
SNEHA SNEHA 4/4
ABHAY DIXIT
ABHAY Date: 2-MPT-1080-2026.doc Dixit
DIXIT 2026.09.24
17:44:50
+0530
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.