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Bombay High Court

Sonali Prabhakar BarweversusPrabhakar Shivram Barwe

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the right to apply for a legal heirship certificate is continuous and the delay does not bar the issuance of the certificate.

Summary

The petitioner, Sonali Prabhakar Barwe, filed a miscellaneous petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a legal heirship certificate, asserting that she is the sole surviving legal heir of her father, the deceased Prabhakar Shivram Barwe, who died intestate in 1995. No will was found and no application for probate, letters of administration, or succession certificate had been made. Although the petition was filed after a considerable lapse of time, the Court relied on the precedent that the right to apply for an heirship certificate is a continuous right that does not lapse as long as the heirship exists. Consequently, the Court held that the delay was not fatal and dispensed with the requirement of a proclamation. The petition was allowed, and the Court directed the issuance of a legal heirship certificate in favor of the petitioner.

Issues considered

  • Whether the petitioner can obtain a legal heirship certificate despite the substantial delay in filing the petition.
  • Whether the right to apply for a legal heirship certificate is a continuous right that survives the passage of time.

Legislation cited

Subjects

  • legal heirship certificate
  • intestate succession
  • Bombay Regulation VIII of 1827
  • delay in filing
  • continuous right
  • probate
  • letters of administration

Judgment

                                                                                     26-MPT-918-2026.doc
           Digitally
           signed by
           PALLAVI
PALLAVI    MAHENDRA
MAHENDRA   WARGAONKAR
WARGAONKAR Date:
           2026.08.24
           17:42:04
           +0530
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     TESTAMENTARY AND INTESTATE JURISDICTION

                                             MISC PETITION NO. 918 OF 2026


                        Prabhakar Shivram Barwe                                    ...Deceased
                              And
                        Sonali Prabhakar Barwe                                     ...Petitioner
                                                          __________
                        Mr. Rahul Yadav for the Petitioner.
                                                       __________

                                                   CORAM :      ADVAIT M. SETHNA, J.

                                                   DATE     :   21st AUGUST 2026


                        P.C.:

                        1.      Heard Mr. Rahul Yadav, learned counsel for the Petitioner.

                        2.      This Miscellaneous Petition is filed under Section 2 of the Bombay

                        Regulation VIII of 1827 (“said Regulation” for short), for issuance of

                        Legal Heirship Certificate. The Petitioner – Sonali Prabhakar Barwe

                        (aged 51 years), daughter of i.e. Prabhakar Shivram                    Barwe

                        (“Deceased”) who passed away in Mumbai on 6 th December 1995. The

                        death certificate of the Deceased is at Exh-A to the Petition.

                        3.      It is stated in the Petition that the Deceased passed away intestate

                        and despite due diligence, no Will is discovered. Paragraph 4 of the

                        Petition discloses that the Deceased left behind his daughter i.e. Sonali

                        Prabhakar Barwe being the sole surviving legal heir of the Deceased. It is

                        specifically averred that besides the daughter as stated above, there is no


           Pallavi                                                                             Page 1 of 3
                                                                         26-MPT-918-2026.doc


          other legal heir or next-of-kin of the Deceased.

          4.     The Deceased passed away in Mumbai and has been permanent

          resident of Mumbai to confer the jurisdiction of this Court as stated in

          paragraph 8 of the Petition.

          5.     It is stated that the requirement for obtaining legal heirship

          certificate arises for declaration that the Petitioner - Sonali Prabhakar

          Barwe i.e. daughter of the Deceased be declared as the only surviving

          legal heir of the Deceased.

          6.     It appears that the Petition is filed after a substantial lapse of time.

          Mr. Yadav, learned counsel would place reliance on Ganapati Vinayak

          Achwal1. The Court held that the right to apply for heirship certificate is

          a continuous right which is capable of being exercised as long as object

          of the right as an heir exists. Therefore, in the given facts and

          circumstances, the issue of delay would not arise and the same is noted.

          7.     The Petitioner has paid requisite Court fees in the Petition.

          8.     The Petitioner states 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 Letters of Administration with or

          without the will annexed thereto or for Succession Certificate to the

          property and credits of the Deceased abovenamed.

          9.     For the reasons and in light of the material on record coupled with

          the statements/undertakings contained in the Petition, issuance of


          1 2014 Mh LJ (6) 683
Pallavi                                                                            Page 2 of 3
                                                                       26-MPT-918-2026.doc


          Proclamation is accordingly dispensed with. The Petition is allowed in

          terms of prayer clause (b) which reads thus:-

                “(b) This Hon’ble Court be pleased to issue a Legal Heirship
                     Certificate to the petitioner under the provision of Bombay
                     Regulation VIII of 1827 certifying that Sonali Prabhakar
                     Barwe as the legal heir of the deceased.”

          10.      The Petition is disposed of in the above terms. No order as to

          costs.

          11.      All concerned to act on an authenticated copy of this order.




                                                  [ADVAIT M. SETHNA, J.]




Pallavi                                                                           Page 3 of 3


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