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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
                      Mayur                                                                               Page 1 of 3
                                                                  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
Mayur                                                                            Page 2 of 3
                                                                   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.]
Mayur                                                                             Page 3 of 3


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