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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

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:
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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

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   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


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