IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1089 OF 2026 Shashikant Babulal Khicha ....Deceased Vasanti Shashikant Khicha ….Petitioner ------- Ms. Kanchi Vora 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 - Shashikant Babulal Khicha who at the time of his death was residing at 29/564, Samata Nagar, Kandivali (East), Mumbai – 400 101. The Deceased died intestate on 9th August, 2021 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 2. The Petitioner is the widow of the Deceased. At paragraph no.4, the Petitioner has furnished details of the only surviving legal heirs and next-of-kin of the Deceased as follows : 1/4 11-MPT-1089-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.24 18:36:34 +0530 Sr. No. Name and Address of the Legal Heirs of the deceased Age Relationship With Deceased 1. Vasanti Shashikant Khicha Residing at 29/564, Samata Nagar, Kandivali (East), Mumbai - 400 101 66 Widow of the Deceased and the Petitioner herein. 2. Akansh Shashikant Khicha Residing at 29/564, Samata Nagar, Kandivali (East), Mumbai - 400 101 38 Son of the Deceased 3. Kriti Shashikant Khicha Residing at 29/564, Samata Nagar, Kandivali (East), Mumbai - 400 101 34 Daughter of the Deceased 3. It is further stated that the parents of the Deceased have predeceased the Deceased and there are no other heirs and next-of-kin of the Deceased. It is in this background that the Petitioner seeks the Heirship Certificate. 4. The son and the daughter of the Deceased have filed their individual consent affidavits, both dated 31st July, 2026, which are annexed at page nos.37 to 46 of the Petition. 5. The reasons for filing this Petition are stated at paragraph nos.7 to 10 of the Petition. It is also stated that the Petitioner or the legal heirs have not filed any other Petition for Heirship Certificate, Succession 2/4 11-MPT-1089-2026.doc Gauri Gaekwad Certificate, Probate or Letters of Administration and there is no impediment to the grant of the reliefs in this Petition. 6. As far as the delay is concerned, the same is condoned in the light of the judgment of this Court in Ganpati Vinayak Achwal 1 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. 7. In view of the statements/undertakings contained in the Petition read with the consent affidavits that are filed, which are accepted, Miscellaneous Petition No.1089 of 2026 is allowed in terms of prayer clauses (a), (b) and (c), which read as under : (a) That the delay in filing the present Petition be kindly condoned; (b) That a Legal Heirship Certificate of the deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Vasanti Shashikant Khicha (being the Widow of the deceased and the Petitioner abovenamed), (2) Akansh Shashikant Khicha (being Son of the deceased) and (3) Kriti Shashikant Khicha (being the Daughter of the deceased), are the only heirs and Legal representative of the deceased. 1 2014 SCC OnLine Bom 1193 3/4 11-MPT-1089-2026.doc Gauri Gaekwad (c) That issuance of Proclamation be dispensed with. 8. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 11-MPT-1089-2026.doc Gauri Gaekwad