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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

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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              18-MPT-1096-2026.doc                                         Gauri Gaekwad
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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18-MPT-1096-2026.doc                                               Gauri Gaekwad
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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18-MPT-1096-2026.doc                                           Gauri Gaekwad
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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