Bombay High Court
Sunita Radhesh UchilversusJayalakshmi Narayanan Subramanyan
- Decided
- Disposal
- DISPOSED OFF
Holding
The court granted the Legal Heirship Certificate, confirming the petitioner and her sister as the sole legal heirs of the deceased.
Summary
The petitioner, Sunita Radhesh Uchil, filed a petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a Legal Heirship Certificate for her mother, the deceased Jayalakshmi Narayanan Subramanyan, who died intestate on 22 January 2018. The petitioner identified herself and her sister, Raji Manoj Nair, as the only surviving legal heirs and next‑of‑kin, noting that the deceased's parents and husband had predeceased her. A consent affidavit was filed, and the petition argued that there was no prior application for succession relief and no impediment to granting the certificate. The court, relying on the precedent set in Ganpati Vinayak Achwal 1, condoned the delay in filing and held that the right to apply for an heirship certificate persists. Consequently, the court ordered the issuance of a Legal Heirship Certificate to the petitioner and her sister, confirming them as the sole heirs under the Hindu Succession Act, 1956, and directed the department to comply within four weeks.
Issues considered
- What is the entitlement of the petitioner to a Legal Heirship Certificate under the Bombay Regulation (VIII) of 1827 in an intestate succession?
- Whether the delay in filing the petition can be condoned?
- Whether the petitioner and her sister are the only legal heirs as per the Hindu Succession Act, 1956?
Legislation cited
- Bombay Regulation VIII of 1827 — s. Section 2
- Hindu Succession Act, 1956
Subjects
- Legal Heirship Certificate
- Intestate succession
- Bombay Regulation
- Hindu Succession Act
- Delay condonation
- Probate
Judgment
Digitally
signed by
GAURI
GAURI AMIT
AMIT GAEKWAD
GAEKWAD Date:
2026.09.28
14:55:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1096 OF 2026
Jayalakshmi Narayanan Subramanyan ....Deceased
Sunita Radhesh Uchil ….Petitioner
-------
Ms. Kiran Shetty 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 - Jayalakshmi Narayanan Subramanyan who at the time of her
death was residing at Flat No.1704, Raheja Heights, Opp. Film City
Road, Malad East, Mumbai - 400 097. The Deceased died intestate on
22nd January, 2018 and a copy of the death certificate is annexed at
Exhibit ‘A’ to the Petition.
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2. The Petitioner is the daughter 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 :
Sr. Names and Addresses of the Age Relation with the
No. Next-of-kin of the Deceased Deceased
1. Sunita Radhesh Uchil (Petitioner) 57 Daughter
Flat No.1703, Raheja Heights, Opp. Years
Film City Road, Malad East,
Mumbai – 400 097
2. Raji Manoj Nair 53 Daughter
D - 19/171, M I G Colony, Years
Kherwadi, Bandra East, Mumbai -
400 051
3. It is further stated that the parents and husband 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 daughter of the Deceased has filed her consent affidavit dated
24th August, 2026, which is annexed to the Petition at page nos.33 to 37.
5. The reasons for filing this Petition are stated at paragraph nos.5 to
9 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 affidavit that is filed, which are accepted,
Miscellaneous Petition No.1096 of 2026 is allowed in terms of prayer
clause (a), which reads as under :
(a) That a Legal Heirship Certificate be issued under
section 2 of the Bombay Regulation VIII of 1827 to
the Petitioner, thereby certifying that the said
(1) Sunita Radhesh Uchil (Daughter and Petitioner
herein), (2) Raji Manoj Nair (Daughter of the
deceased) are the only legal heirs and next-of-kin
of the said deceased as per the provisions of the
Hindu Succession Act, 1956.
8. Issue of Proclamation is dispensed with.
1 2014 SCC OnLine Bom 1193
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9. 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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