Created by Fuzzy Cloud

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:




                                        1/4
10-MPT-1088-2026.doc                                                             Dixit
              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



                                          2/4
10-MPT-1088-2026.doc                                                             Dixit
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
                                        3/4
10-MPT-1088-2026.doc                                                          Dixit
                                                 [ 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
        +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.