VASANTI SHASHIKANT KHICHAversusSHASHIKANT BABULAL KHICHA

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:
GAEKWAD 2026.09.24
        18:36:34
        +0530



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

                          MISCELLANEOUS PETITION NO.1089 OF 2026

              Shashikant Babulal Khicha                  ....Deceased

              Vasanti Shashikant Khicha                  ….Petitioner

                                               -------
              Ms. Kanchi Vora 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 - Shashikant Babulal Khicha who at the time of his death was

              residing at 29/564, Samata Nagar, Kandivali (East), Mumbai – 400 101.

              The Deceased died intestate on 9th August, 2021 and a copy of the death

              certificate is annexed at Exhibit ‘A’ to the Petition.



              2.       The Petitioner is the widow of the Deceased. At paragraph no.4,

              the Petitioner has furnished details of the only surviving legal heirs and

              next-of-kin of the Deceased as follows :

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              11-MPT-1089-2026.doc                                          Gauri Gaekwad
 Sr. Name and Address of the Legal Heirs             Age      Relationship
 No.          of the deceased                                With Deceased
     1.   Vasanti Shashikant Khicha                   66      Widow of the
          Residing at 29/564, Samata Nagar,                   Deceased and
          Kandivali (East), Mumbai - 400 101                  the Petitioner
                                                                 herein.
     2.   Akansh Shashikant Khicha                    38        Son of the
          Residing at 29/564, Samata Nagar,                     Deceased
          Kandivali (East), Mumbai - 400 101
     3.   Kriti Shashikant Khicha                     34     Daughter of the
          Residing at 29/564, Samata Nagar,                    Deceased
          Kandivali (East), Mumbai - 400 101


3.        It is further stated that the parents of the Deceased have

predeceased the Deceased and there are no other heirs and next-of-kin of

the Deceased. It is in this background that the Petitioner seeks the

Heirship Certificate.



4.        The son and the daughter of the Deceased have filed their

individual consent affidavits, both dated 31st July, 2026, which are

annexed at page nos.37 to 46 of the Petition.



5.        The reasons for filing this Petition are stated at paragraph nos.7 to

10 of the Petition. It is also stated that the Petitioner or the legal heirs

have not filed any other Petition for Heirship Certificate, Succession


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Certificate, Probate or Letters of Administration and there is no

impediment to the grant of the reliefs in this Petition.



6.      As far as the delay is concerned, the same is condoned in the light

of the judgment of this Court in Ganpati Vinayak Achwal 1 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.



7.      In view of the statements/undertakings contained in the Petition

read with the consent affidavits that are filed, which are accepted,

Miscellaneous Petition No.1089 of 2026 is allowed in terms of prayer

clauses (a), (b) and (c), which read as under :

        (a)   That the delay in filing the present Petition be
              kindly condoned;

        (b)   That a Legal Heirship Certificate of the deceased
              be issued under the provision of Bombay
              Regulation Act VIII of 1827, certifying that (1)
              Vasanti Shashikant Khicha (being the Widow of the
              deceased and the Petitioner abovenamed), (2)
              Akansh Shashikant Khicha (being Son of the
              deceased) and (3) Kriti Shashikant Khicha (being
              the Daughter of the deceased), are the only heirs
              and Legal representative of the deceased.


1    2014 SCC OnLine Bom 1193
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11-MPT-1089-2026.doc                                           Gauri Gaekwad
       (c)   That issuance of Proclamation be dispensed with.


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

within a period of four weeks from today.




                                            [ GAUTAM A. ANKHAD, J. ]




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