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Bombay High Court

Meeta Madhukar NayakversusMadhukar Govind Nayak

Decided
Disposal
DISPOSED OFF

Holding

The court held that the right to obtain a legal heirship certificate is a continuous right, and, given the unanimous consent of all legal heirs, the petition is allowed despite the filing delay.

Summary

The petitioner, Meeta Madhukar Nayak, wife of the deceased Madhukar Govind Nayak who died intestate on 17 December 2022, filed a miscellaneous petition under Section 2 of Bombay Regulation VIII of 1827 seeking a legal heirship certificate. The petition was amended to include the petitioner’s name in the prayer clause and was supported by consent affidavits from all surviving children of the deceased, who waived service of notice. The petitioner argued that the delay in filing should not bar the relief because the right to obtain an heirship certificate is continuous as long as the heirship exists. Relying on the precedent set in Ganapati Vinayak Achwal, the court held that the delay was not fatal and that the consent of all legal heirs satisfied the procedural requirements. Consequently, the court ordered the issuance of a legal heirship certificate in favour of the petitioner and the identified heirs, subject to the amendment being reflected in the online records, and disposed of the petition without costs.

Issues considered

  • Whether the delay in filing the petition for a legal heirship certificate defeats the petitioner's claim.
  • Whether an amendment to the prayer clause to add the petitioner's name is permissible.
  • Whether consent affidavits from all legal heirs waive the requirement of service of notice.
  • Whether a legal heirship certificate can be issued under Bombay Regulation VIII of 1827 in the absence of a will.

Legislation cited

Subjects

  • legal heirship certificate
  • intestate succession
  • Bombay Regulation VIII of 1827
  • amendment of prayer clause
  • consent affidavit
  • delay in filing
  • probate

Judgment

                                                                               34-MPT-995-2026 (OS).doc
           Digitally
           signed by
           PALLAVI
PALLAVI
MAHENDRA
           MAHENDRA
           WARGAONKAR              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WARGAONKAR Date:
           2026.08.28
           19:44:09
           +0530
                                    TESTAMENTARY AND INTESTATE JURISDICTION

                                      MISC PETITION IN T AND I J NO. 995 OF 2026

                        Madhukar Govind Nayak                                    ...Deceased
                                And
                        Meeta Madhukar Nayak                                     ...Petitioner
                                                      __________
                        Mr. Shivam Gupta for the Petitioner/Applicant.
                                                       __________

                                                  CORAM :     ADVAIT M. SETHNA, J.
                                                  DATE :      28th AUGUST 2026

                        P.C.:

                        1.      After hearing Mr. Shivam Gupta, learned counsel for the

                        Petitioner, it appears that there is formal requirement to amend the

                        prayer clause in terms of adding the name of the Petitioner.

                        2.      Let amendment be carried out forthwith. Reverification is

                        dispensed with.

                        Subsequently:-

                        3.      The Petition is now being heard after amendment in prayer clause

                        to the Petition has been carried out in terms of the leave granted.

                        4.      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 i.e. Meeta Madhukar Nayak is

                        stated to be the wife of Madhukar Govind Nayak (“ Deceased”) who

                        passed away in Mumbai on 17th December 2022. The Death Certificate is

                        annexed at Exh. - A.
            Pallavi                                                                           Page 1 of 4
                                                                  34-MPT-995-2026 (OS).doc


          5.     The Deceased is stated to be the permanent resident of Mumbai.

          The Deceased died intestate and despite due diligence, no testamentary

          disposition or will is discovered. The deceased has left behind the legal

          heirs and next-of-kin being two married daughters, son and the

          wife/widow of the Petitioner, the details of whom have been tabulated

          in paragraph 4 of the Petition. Besides the legal heirs as stated above,

          the Petition specifically states that there are no legal heirs and next-of-

          kin of the Petitioner.

          6.     The learned counsel for the Petitioner has invited the Court’s

          attention to the three consent affidavits, all dated 25 th June 2026; one

          filed by Sweta Madhukar Nayak, daughter of the deceased, second filed

          by Sushma Madhukar Nayak, another daughter of the deceased and the

          third of Akshat Madhukar Nayak, son of the deceased. The said legal

          heirs in consent affidavit have given their consent to the issuance of

          legal heirship certificate in favour of the Petitioner and also waive

          service of any notice/Citation in the given facts and circumstances.

          7.     The learned counsel submits that the purpose for the heirship

          certificate is stated in paragraph 8 of the Petition. It is required for

          transferring the property which stood in the name of the deceased.

          8.     It appears that there is delay in filing of this Petition. Mr. Gupta

          would place reliance on Ganapati Vinayak Achwal1. The Court held that

          the right to apply for heirship certificate is a continuous right which is


          1 2014 Mh.L.J. (6) 683
Pallavi                                                                          Page 2 of 4
                                                                   34-MPT-995-2026 (OS).doc


          capable of being exercised as long as object of the right as an heir exists.

          In view thereof, in the given facts and circumstances, the issue of delay

          would not arise.

          9.     The learned counsel submits that the requisite Court fees have

          been duly paid as set out in the Petition.

          10.    It appears from the Petition that no other proceedings before 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 and there is no impediment in the grant of issuance of

          the legal heirship certificate in favour of the Petitioner and the only legal

          heirs of the deceased as set out hereinabove.

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

          the statements/undertakings contained in the Petition read with consent

          affidavits filed, issuance of Proclamation is accordingly dispensed with.

          The Petition is allowed in terms of the amended Petition in terms of the

          following prayer clause :-

                “The Hon’ble Court be pleased to issue a Legal Heirship
                Certificate in favour of the Petitioner under the provisions of
                Bombay Regulation VIII of 1827 certifying that the petitioner
                i.e. Meeta Madhukar Nayak, wife of the deceased alongwith the
                heirs 1. Sushma Madhukar Nayak, 2. Sweta Madhukar Nayak,
                the daughters of the deceased and 3. Akshat Madhukar Nayak,
                son of the deceased, mentioned herein above the only heirs and
                legal representatives of the deceased.”

          12.    It is clarified that the Heirship Certificate would be issued subject

          to the said amendments being reflected in the soft copy of the
Pallavi                                                                           Page 3 of 4
                                                                   34-MPT-995-2026 (OS).doc


          proceedings which have been filed online.

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

          costs.

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



                                                        [ADVAIT M. SETHNA, J.]




Pallavi                                                                           Page 4 of 4


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