Bombay High Court
Lilly Thomas Joseph KuttianalversusThomas Thoman Kuttiyanal alias K T Thomas
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the petitioner, her two daughters and son are the sole legal heirs of the deceased and granted the Legal Heirship Certificate.
Summary
The widow of the intestate deceased, Thomas Thoman Kuttiyanal, filed a petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a Legal Heirship Certificate for herself and the deceased’s three children. The petition identified the petitioner, two daughters and a son as the only surviving legal heirs, noting that the deceased’s parents had predeceased him and no other heirs existed. The children filed a common consent affidavit supporting the petition, and the court condoned the delay in filing by relying on its earlier decision in Ganpati Vinayak Achwal. The court held that the petitioner and her children are the sole legal heirs of the deceased and ordered the issuance of the heirship certificate. Consequently, the petition was allowed and the Department was directed to issue the certificate within four weeks.
Issues considered
- Whether the petitioner and the deceased’s children are the only legal heirs entitled to a Legal Heirship Certificate under the Bombay Regulation (VIII) of 1827.
- Whether the delay in filing the petition can be condoned.
- Whether the consent affidavit filed by the children is sufficient to establish unanimity among the heirs.
Legislation cited
Subjects
- Heirship Certificate
- Intestate Succession
- Bombay Regulation
- Legal Heir
- Delay Condonation
- Consent Affidavit
Judgment
Digitally
signed by
GAURI
GAURI AMIT
AMIT GAEKWAD
GAEKWAD Date:
2026.09.28
14:55:50
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.1098 OF 2026
Thomas Thoman Kuttiyanal alias
K.T. Thomas ....Deceased
Lilly Thomas Joseph Kuttianal ….Petitioner
-------
Mr. Mangesh Parte a/w. Mr. Vishal Bhalerao, Ms. Siya Shukla and
Mr. Rajeev Pandit 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 – Thomas Thoman Kuttiyanal alias K.T. Thomas who at the
time of his death was residing Kuttianal House, Madh lsland, Christian
Lane, Madh, Andheri, Mumbai – 400 061. The Deceased died intestate
on 26th February, 2000 and a copy of the death certificate is annexed at
Exhibit ‘A’ to the Petition.
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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 :
Sr. Name Age Relationshi Residential
No. p with the Address
Deceased
1. Lilly Thomas Joseph 75 Wife Kuttianal House,
Kuttianal Madh Island,
Christian Lane,
(The Petitioner Marve Road, Via
abovenamed) Versova, Madh
Village, Andheri,
Mumbai – 400 061
2. Julie Roy Alookkaran 51 Daughter A/l02, Krishna
Building, Mith
Chowky Vishal
Nagar, Malad
West, Mumbai –
400 064
3. Lijie Floyied 48 Daughter 1st Floor, Kuttianal
Fernandes House, Christian
Lane, Madh Island,
Marve Road, PO
Versova, Malad
West, Mumbai –
400 061
4. Anthony Joseph 42 Son Kuttianal House,
Kuttaianal Christian Lane,
Madh Island,
Marve Road, PO
Versova, Malad
West, Mumbai –
400 061
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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 two daughters of the Deceased have filed common
consent affidavit dated 14th June, 2026, which is annexed to the Petition
at page nos.44 to 48.
5. The reasons for filing this Petition are stated at paragraph nos.6, 9
and 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 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.
1 2014 SCC OnLine Bom 1193
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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.1098 of 2026 is allowed in terms of prayer
clause (a), which reads as under :
(a) That this Hon'ble Court be pleased to grant a Legal
Heirship Certificate under the provisions of
Bombay Regulation VIII of 1827, certifying that
the Petitioner and her two daughters and one son
Viz. 1) Lilly Thomas Joseph Kuttianal (Widow), 2)
Julie Roy Alookkaran (Daughter), 3) Lijie Floyied
Fernandes (Daughter), and 4) Anthony Joseph
Kuttaianal (Son), are the only legal heirs and
representatives of the said deceased, in respect of
the aforesaid property, namely plot of land
admeasuring 140 sq. yards including structures
sanding thereon admeasuring 38 sq. yards bearing
Municipal Assessment No. P(K)-6809 (3)-1-10,
Under Account No. PN-20-0015-00 dated
19/61/62, lying and being at C.T.S. no. 86, of
Village Madh, Taluka Andheri, B.S.D., Mumbai.
8. Issue of Proclamation is dispensed with.
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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