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
- Bombay Regulation VIII of 1827 — s. Section 2
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
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Ms. Pratiksha Babar i/b. Ms. Sujata Babar for the Petitioner.
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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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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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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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(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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