Lalitha Kalyan KrishnanversusT S Kalyan Krishnan

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         TESTAMENTARY AND INTESTATE JURISDICTION

            MISCELLANEOUS PETITION NO.1084 OF 2026
T.S. Kalyan Krishnan                                 .. Deceased

1. Lalitha Kalyan Krishnan                           .. Petitioner no. 1
2. Shailesh Kalyan Krishnan                          .. Petitioner no. 2


Mr. Saurabh J. Dhuri, Advocate 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-Shri T.S. Kalyan Krishnan. The Deceased died intestate at

Mumbai on 5th October, 2016 and a copy of the Death Certificate is

annexed at Exhibit-A to the Petition.



2.       The Petitioners are the wife and son of the Deceased as more

particularly set out at paragraph no. 4 of the Petition, which is as under:




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             Names and Address of the
                                                                 Relation with
Sr. No.      heirs and next of kin of the         Age
                                                                 the Deceased
               Deceased abovenamed
          Lalitha Kalyan Krishnan,
          Residing at Room No.8, Plot                                 Wife
  1                                               77
          No.69, Prem Sagar, Sion                              (Petitioner no. 1)
          (East), Mumbai - 400 022.
          Shailesh Kalyan Krishnan,
          Residing at Room No.8, Plot                                 Son
  2                                               48
          No.69, Prem Sagar, Sion                              (Petitioner no. 2)
          (East), Mumbai-400 022.


 3.       As stated in paragraph no. 4 of the Petition, the Petitioners are the

 only heirs and next-of-kin as per the Hindu Succession Act, 1956. The

 parents of the Deceased have predeceased the Deceased and 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. 8 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



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                     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

                     Miscellaneous Petition no. 1084 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 Petitioner under the provisions of
                                Bombay Regulation VIII of 1827 certifying that the
                                petitioner alongwith heirs mentioned in para no.4 (Lalita
                                Kalayn Krishnan and Shailesh Kalyan Krishnan) herein
                                above are the only heirs and legal representative of the
                                deceased.”


                     7.      The Department is directed to issue the Legal Heirship Certificate

                     within a period of four weeks from today.



                                                                 [ GAUTAM A. ANKHAD, J. ]




                     1
                          2014 SCC OnLine Bom 1193
        Digitally
        signed by
        SNEHA                                             3/3
SNEHA   ABHAY
ABHAY   DIXIT        6-MPT-1084-2026.doc                                                    Dixit
DIXIT   Date:
        2026.09.24
        17:45:12
        +0530