Bombay High Court
Harshada Chandrakant Abnave PetitionerversusLate Chandrakant Narayan Abnave alias Late Chandrakant Narayan Abanave alias Chandrakant N Aabanave
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the petitioner is the sole legal heir, the delay is condoned, and a proclamation is not required, thus granting the heirship certificate.
Summary
The petitioner, Harshada Chandrakant Abnave, filed a petition under Section 2 of Bombay Regulation VIII of 1827 seeking a legal heirship certificate for her father, the late Chandrakant Narayan Abnave, who died intestate in 2014. She asserted that she is the sole heir under the Hindu Succession Act, 1956, as the deceased's parents predeceased him and no other heirs exist. The petition addressed a delay in filing, which the court condoned by relying on the precedent set in Ganpati Vinayak Achwal, holding that the right to apply for heirship is a continuous right. The court examined whether a proclamation was necessary and concluded it could be dispensed with. Consequently, the court allowed the petition, directing the department to issue the heirship certificate within four weeks, thereby recognizing the petitioner as the legal heir.
Issues considered
- Whether the petitioner is the sole legal heir entitled to a legal heirship certificate under Bombay Regulation VIII of 1827.
- Whether the delay in filing the petition can be condoned.
- Whether a proclamation is required for issuance of the heirship certificate.
Legislation cited
Subjects
- legal heirship
- intestate succession
- Bombay Regulation
- Hindu Succession Act
- delay condonation
- probate
- proclamation
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1088 OF 2026
Late Chandrakant Narayan Abnave alias
Late Chandrakant Narayan Abanave alias
Chandrakant N. Aabanave .. Deceased
Harshada Chandrakant Abnave .. Petitioner
Mr. Dinesh Arjun Wani, 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
Chandrakant Narayan Abnave alias Chandrakant Narayan Abanave alias
Chandrakant N. Aabanave. The Deceased died intestate at Mumbai on 13th
January, 2014 and a copy of the Death Certificate is annexed at Exhibit-A to
the Petition.
2. The Petitioner is the daughter 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
Harshada Chandrakant Abnave,
Female, Daughter, Occupation:
Service, Religion of Hindu, Indian
Inhabitant of District Mumbai.
Permanently Residing Address at:
Room No- 16, Plot No.411, Nilkanth
Co. Operative Housing Society
Daughter
1 Limited, Sector No- 4, Rsc-37, 32 Years
(Petitioner)
Charkop Kandivali West Mumbai,
Mumbai Suburban, Greater Mumbai,
Gr: Mumbai, Mumbai, Maharashtra,
India – 400067.
(Being the Surviving Class-I
Daughter Of Legal Heirs of the
Deceased above-named)
3. As stated in paragraph no.4 of the Petition, the Petitioner is the only heir
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
Petitioner seeks issuance of the Heirship Certificate.
4. The purpose and reason for filing of this Petition is stated at paragraph
no. 5 of the Petition. The Petitioners have not filed any other Petition or
Application in any Court seeking Legal Heirship Certificate or Probate or
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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, Miscellaneous Petition no. 1088 of 2026 is allowed in terms of
prayer clauses (a) and (b), which read as under:-
“(a) The certificate of Heirship thereby certifying the petitioner
along with heirs mentioned in para 4 of the petition be and
are recognized as heirs of the deceased Late Chandrakant
Narayan Abnave alias Late Chandrakant Narayan Abanave
alias Late Chandrakant N Aabanave under the form of the
BOMBAY REGULATION ACT, UNDER SECTION NO- 2
OF RULE VIII OF 1827, al till limited grant be granted to
and in favour of the Petitioner.
(b) That this Hon’ble court be pleased to dispensed with the
requirement of issuing a Proclamation.”
7. The Department is directed to issue the Legal Heirship Certificate within
a period of four weeks from today.
1
2014 SCC OnLine Bom 1193
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[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by
SNEHA SNEHA 4/4
ABHAY DIXIT
ABHAY Date: 10-MPT-1088-2026.doc Dixit
DIXIT 2026.09.24
17:44:40
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