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Bombay High Court

RAMESH RAMCHANDRA PANCHALversusLATE SHANTABEN RAMCHANDRA PANCHAL

Decided
Disposal
DISPOSED OFF

Holding

The petition is allowed; the listed siblings are declared the sole legal heirs, the delay is condoned, and a proclamation is dispensed with.

Summary

The petitioner, Ramesh Ramchandra Panchal, filed a miscellaneous petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a legal heirship certificate for his mother, Shantaben Ramchandra Panchal, who died intestate on 25 July 2017. The petitioner listed himself, his brother, and three sisters as the only surviving legal heirs, and all of them submitted consent affidavits. The petition addressed the delay of over six years, which the court condoned based on its earlier decision in Ganpati Vinayak Achwal. The court examined whether the heirs were the sole legal representatives and whether a proclamation was necessary. Finding the consent affidavits satisfactory, the court ordered the issuance of the heirship certificate, condoned the delay, and dispensed with the need for a proclamation.

Issues considered

  • Whether the petitioner and the listed siblings are the sole legal heirs of the intestate deceased under the Bombay Regulation (VIII) of 1827.
  • Whether the delay of more than six years in filing the petition can be condoned.
  • Whether a proclamation is required for the issuance of a legal heirship certificate.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate Succession
  • Bombay Regulation
  • Condonation of Delay
  • Probate
  • Succession Law

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.1097 OF 2026

              Shantaben Ramchandra Panchal               ....Deceased

              Ramesh Ramchandra Panchal                  ….Petitioner


                                               -------
              Ms. Pratiksha Babar i/b. Ms. Sujata Babar 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 - Shantaben Ramchandra Panchal who at the time of her death

              was residing at Badarpura (K), Taluka Palanpur, District Banaskatha.

              The Deceased died intestate on 25th July, 2017 and a copy of the death

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



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

              Petitioner has furnished details of the only surviving legal heirs and

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              19-MPT-1097-2026.doc                                            Gauri Gaekwad
next-of-kin of the Deceased as follows :

 Sr. Names and addresses of the heirs and       Age     Relation with the
 No.    next of kins of the deceased                       Deceased
                abovenamed
     1.   Ramesh Ramchandra Panchal              42           Son
          (The Petitioner abovenamed)           Years
          Residing at 2/212, Gokul B, Bakari
          Adda, N.M. Joshi Marg, Jacob
          Circle, Mumbai – 400 011
     2.   Laxmichand Ramchand Panchal            46           Son
          Residing at 5/504-D, Blue Mount       Years
          Building, 100 Ft. Road, Sun City,
          Vasai West, Umele, Thane – 401 202
     3.   Jyosana Jagdish Panchal                43        Married
          Residing at 14, Nalinee Apartment,    Years      Daughter
          Padwal Nagar, Wagle Estate,
          Thane – 400 604
     4.   Kailashben Hareshkumar Panchal         40        Married
          Residing at 142, Panchal Vas, Mahi,   Years      Daughter
          Banaskantha, Gujarat – 385 210
     5.   Bhavika Sanjaybhai Panchal             37        Married
          Residing at 100, Royal Bunglows,      Years      Daughter
          Opp. Sabri Bunglows, Nikol Naroda
          Road, Ahmadabad, Naroda (East),
          Gujarat – 382 330



3.        It is further stated that the husband of the Deceased has

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.



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19-MPT-1097-2026.doc                                          Gauri Gaekwad
4.      The son and three daughters of the Deceased have filed their

individual consent affidavits, all dated 31st August, 2026, which are

annexed to the Petition at page nos.31 to 42.



5.      The reasons for filing this Petition are stated at paragraph nos.8

and 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

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.1097 of 2026 is allowed in terms of prayer

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


1    2014 SCC OnLine Bom 1193
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19-MPT-1097-2026.doc                                              Gauri Gaekwad
       (a)   That Legal Heirship Certificate be issued
             Certifying that the Petitioner viz. RAMESH
             RAMCHANDRA PANCHAL, his Brother viz.
             LAXMICHAND RAMCHAND PANCHAL and
             his Three Sisters viz. JYOSANA JAGDISH
             PANCHAL, KAILASHBEN HARESHKUMAR
             PANCHAL and BHAVIKA SANJAYBHAI
             PANCHAL are the only Heirs and Legal
             Representatives of the Deceased under the
             provision of Bombay Regulation Act VIII of 1827.


       (b)   Delay of 6 years, 1 month and 5 days may be
             Condoned.


       (c)   Proclamation may 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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