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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.