Bombay High Court
MARY VITTHAL KANCHIversusBEATRICE D SOUZA ALIAS D SOUZA BETRIK
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the petitioner is the sole heir and is entitled to a legal heirship certificate under the Regulation.
Summary
Mary Vithal Kanchi, the married sister of the deceased Beatrice D’ Souza, filed a petition under Bombay Regulation VIII of 1827 seeking a legal heirship certificate. The deceased died intestate on 19 August 2008 in Mumbai, with no will found and both parents predeceased her. The petitioner asserted she was the sole surviving legal heir, and no other heirs or next of kin existed. The court examined the petition, accepted the claim, and, finding sufficient cause to condone the delay in filing, dispensed with proclamation. Consequently, the court ordered that a legal heirship certificate be issued in favor of the petitioner, with no order as to costs.
Issues considered
- Whether the petitioner is the sole legal heir of the intestate deceased under Bombay Regulation VIII of 1827.
- Whether the delay in filing the petition can be condoned.
Legislation cited
Subjects
- Legal heirship certificate
- Intestate succession
- Bombay Regulation
- Probate
- Delay condonation
- Succession law
Judgment
Digitally signed
by MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.08.21
17:38:27 +0530
22-MPT-909-2026 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 909 OF 2026
Beatrice D’ Souza Alias D’ Souza Betrik ...Deceased
Mary Vitthal Kanchi ...Petitioner
__________
Adv. Palak Bundal, i/b Adv. Ankita Phatak, for the Petitioner.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 21st AUGUST 2026
P.C.:
1. Heard Ms. Bundal, learned counsel for the Petitioner.
2. The present proceedings are filed under the provisions of the
Bombay Regulation VIII of 1827 ("the said Regulation"). By the present
Petition, the Petitioner i.e., Mary Vitthal Kanchi, being the married sister
of Beatrice D’ Souza alias D’ Souza Betrik alias Beatrice Fausta D’ Souza
(“Deceased”) seeks issuance of a Legal Heirship Certificate in her favour,
legal heirs and legal representatives of the Deceased, under the provisions
of the said Regulation.
3. It is stated that the Deceased expired on 19 th August, 2008 at
Mumbai. The Deceased was a permanent resident of Mumbai. The Death
Certificate evidencing the death of the Deceased is annexed at Exhibit "A"
to the Petition. At the time of her death, the Deceased was residing at her
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22-MPT-909-2026 (OS).doc
residence at F-7, Pearl CHS Ltd., 205, Dr. B.A. Road, Ddadar (East)
Mumbai-400014. It is further stated that the Deceased passed away
intestate. Despite due and diligent search, no Will of the Deceased has
been found or discovered.
4. The petition reflects under para 4 that the Petitioner being the sister
of the Deceased is the sole surviving legal heir. It is stated that the parents
of the Deceased predeceased the Deceased. The death certificate of the
Deceased as well as of one of the sisters of the Deceased is annexed to the
petition at Exhibits A and B respectively.
5. It is stated that besides the Petitioner, who is the sole surviving legal
heir of the Deceased, there are no other legal heirs or next of kin of the
Deceased. The heirship certificate as stated is required by the Petitioner to
be produced before the Pearl Cooperative Housing Society (supra) for
regular membership in the society and for purposes associated therewith.
6. The Petitioner has further stated that no application has been made
to any District Court or District Delegate or to any High Court for
Probate of any will of the said Deceased or for Letter of Administration
with or without the Will annexed thereto or for Succession Certificate to
the property and credits of the Deceased abovenamed.
7. It is stated in the petition that there is a delay in filing the present
petition. This being on the ground that the Petitioner was ignorant and
unaware of the requirement to obtain the legal representation in respect of
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22-MPT-909-2026 (OS).doc
the immovable property of the Deceased. Perused the averments in regard
to delay. It appears that sufficient cause is made out to condone the delay
and such delay in the given facts and circumstances stands condoned. The
Petitioner has stated in the petition that she has paid the requisite court
fees for the said proceedings.
8. Heard the learned counsel for the Petitioner and with her assistance,
perused the Petition. The Petitioner, more particularly, in paragraph 4,
state that save and except the heirs mentioned in the table above, there are
no other heirs and next of kin left by the said Deceased. It is in such
factual complexion as noted above, that the Petitioner seeks for issuance of
the Heirship Certificate under the provisions of the said Regulation.
9. For the above reasons and in light of the material on record coupled
with the statements/undertakings contained in the Petition, the same is
accepted. Proclamation is accordingly dispensed with and the Petition is
allowed in terms of prayer clause (b), which reads thus:
“b. That a Legal Heirship Certificate be issued
under the provision of Bombay Regulation Act
VIII of 1827, Certifying that Mary Vithal Kanchi
(being the Sister of the deceased and the
Petitioner herein), is the only heir and Legal
representative of the deceased”
10. The Petition is, accordingly, Disposed of. No order as to costs.
11. All parties to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
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