IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1088 OF 2026 Late Chandrakant Narayan Abnave alias Late Chandrakant Narayan Abanave alias Chandrakant N. Aabanave .. Deceased Harshada Chandrakant Abnave .. Petitioner Mr. Dinesh Arjun Wani, Advocate for the Petitioner. CORAM : GAUTAM A. ANKHAD, J. DATE : 24th September, 2026. P.C. : 1. This Petition is filed seeking Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827, in respect of the deceased-Shri Chandrakant Narayan Abnave alias Chandrakant Narayan Abanave alias Chandrakant N. Aabanave. The Deceased died intestate at Mumbai on 13th January, 2014 and a copy of the Death Certificate is annexed at Exhibit-A to the Petition. 2. The Petitioner is the daughter of the Deceased as more particularly set out at paragraph no. 4 of the Petition, which is as under: 1/4 10-MPT-1088-2026.doc Dixit Sr. No. Names and Address of the heirs and next of kin of the Deceased abovenamed Age Relation with the Deceased 1 Harshada Chandrakant Abnave, Female, Daughter, Occupation: Service, Religion of Hindu, Indian Inhabitant of District Mumbai. Permanently Residing Address at: Room No- 16, Plot No.411, Nilkanth Co. Operative Housing Society Limited, Sector No- 4, Rsc-37, Charkop Kandivali West Mumbai, Mumbai Suburban, Greater Mumbai, Gr: Mumbai, Mumbai, Maharashtra, India – 400067. (Being the Surviving Class-I Daughter Of Legal Heirs of the Deceased above-named) 32 Years Daughter (Petitioner) 3. As stated in paragraph no.4 of the Petition, the Petitioner is the only heir and next-of-kin as per the Hindu Succession Act, 1956. The parents of the Deceased have predeceased the Deceased and there are no other heirs or next- of-kin, save and except as stated above. It is in this background that the Petitioner seeks issuance of the Heirship Certificate. 4. The purpose and reason for filing of this Petition is stated at paragraph no. 5 of the Petition. The Petitioners have not filed any other Petition or Application in any Court seeking Legal Heirship Certificate or Probate or 2/4 10-MPT-1088-2026.doc Dixit Letters of Administration of the Deceased. 5. As far as the delay is concerned, the same is condoned in the light of the judgment of this Court in Ganpati Vinayak Achwal1 wherein this Court has held that the right to apply is a continuous right which is capable of being exercised at any time after the death of the Deceased, as long as the right to do so exists. 6. In view of the statements/undertakings in the Petition which are accepted, Miscellaneous Petition no. 1088 of 2026 is allowed in terms of prayer clauses (a) and (b), which read as under:- “(a) The certificate of Heirship thereby certifying the petitioner along with heirs mentioned in para 4 of the petition be and are recognized as heirs of the deceased Late Chandrakant Narayan Abnave alias Late Chandrakant Narayan Abanave alias Late Chandrakant N Aabanave under the form of the BOMBAY REGULATION ACT, UNDER SECTION NO- 2 OF RULE VIII OF 1827, al till limited grant be granted to and in favour of the Petitioner. (b) That this Hon’ble court be pleased to dispensed with the requirement of issuing a Proclamation.” 7. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. 1 2014 SCC OnLine Bom 1193 3/4 10-MPT-1088-2026.doc Dixit [ GAUTAM A. ANKHAD, J. ] 4/4 10-MPT-1088-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.24 17:44:40 +0530