Bombay High Court
Ulpavati Bhujangrao NanawareversusBhujangrao Lala Nanaware
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the petitioner and the four named individuals are the sole legal heirs of the deceased, the delay is condoned, and a proclamation is unnecessary, thereby granting the certificate.
Summary
The widow of the deceased, Bhujangrao Lala Nanaware, filed a miscellaneous petition seeking a Legal Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827, asserting that she and the deceased's three sons are the only heirs under the Hindu Succession Act, 1956. The deceased died intestate on 11 August 2022 and no other claimants exist. The petition addressed a delay in filing, which the court condoned based on the precedent set in Ganpati Vinayak Achwal (2014 SCC OnLine Bom 1193), holding that the right to apply for heirship is continuous. The court accepted the petitioner’s statements and consent affidavits, dispensed with the need for a proclamation, and ordered the issuance of the Legal Heirship Certificate within four weeks. Consequently, the petition was allowed and the department directed to comply.
Issues considered
- Whether the petitioner is entitled to a Legal Heirship Certificate under the Bombay Regulation VIII of 1827.
- Whether the delay in filing the petition can be condoned.
- Whether a proclamation is required before issuing the certificate.
Legislation cited
- Bombay Regulation Act — s. VIII
- Hindu Succession Act, 1956
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation VIII
- Hindu Succession Act
- Delay condonation
- Miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1087 OF 2026
Bhujangrao Lala Nanaware .. Deceased
Ulpavati Bhujangrao Nanaware .. Petitioner
Ms. Anita Rajesh Manjakkar, Advocate for the Petitioner.
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 Bhujangrao Lala Nanaware. The Deceased died
intestate at Solapur on 11th August, 2022 and a copy of the Death
Certificate is annexed at Exhibit-A to the Petition.
2. The Petitioner is the widow of the Deceased. The Deceased has
left behind the Petitioner and three sons as his heirs and legal
representatives as per the Hindu Succession Act, 1956. The details of
the heirs and legal representatives of the Deceased, including the
Petitioner, are more particularly set out at paragraph no. 4 of the
Petition, which is as under:
1/4
9-MPT-1087-2026.doc Dixit
Names and Address of the
Relation with
Sr. No. heirs and next of kin of the Age
the Deceased
Deceased abovenamed
Ulpavati Bhujangrao
Nanaware ,
R/o. Barshi Khandavi Road,
Widow
1 At & Post Khandavi, Tal- 62 Years
(Petitioner)
Barshi, Khandavi, Solapur-
413401
Babasaheb Bhujangrao
Nanaware,
R/at Near Samta Buddha
Vihar, Jay Maharashtra
2 37 Years Son
Chawl No. 10, Indira Nagar
No.2, V.B. Fadke Road,
Ghakopar (West), Mumbai-
400086.
Kumar Bhujangrao
Nanaware,
R/at 137/2, Kurduvadi Barshi
3 36 Years Son
Road, Opp. Sojar College of
Dpharmacy, Khandavi,
Solapur-413401.
Ashish Bhujangrao
Nanaware,
R/at Near Samta Buddha
Vihar, Jay Maharashtra
4 Chawl No.10, Indira Nagar 32 Years Son
No.2, V.B. Fadke Road,
Ghakopar (West), Mumbai-
400086.
3. As stated in paragraph no.4 of the Petition, the Petitioner and
the three sons of the Deceased are the only heirs and next-of-kin as
2/4
9-MPT-1087-2026.doc Dixit
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
Petitioner seeks 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 Petitioner has 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, read with
consent affidavits filed, which are accepted, the issuance of
proclamation is dispensed with and Miscellaneous Petition no. 1087
of 2026 is allowed in terms of prayer clause (a), which reads as
under:-
1
2014 SCC OnLine Bom 1193
3/4
9-MPT-1087-2026.doc Dixit
“(a) That a Legal Heirship Certificate certifying that the
Petitioner along with Heirs mentioned in para no.4
i.e. (i) Ulpavati Bhujangrao Nanaware, (ii)
Babasaheb Bhujangrao Nanaware, (iii) Kumar
Bhujangrao Nanaware and (iv) Ashish Bhujangrao
Nanaware hereinabove are the only heirs and legal
representatives of the said decesaed Bhujangrao
Lala Nanaware under the provision of Bombay
Regulation Act VIIl of 1827.”
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
SNEHA by SNEHA 4/4
ABHAY DIXIT
ABHAY 2026.09.24 9-MPT-1087-2026.doc
Date: Dixit
DIXIT 17:45:32
+0530
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.