IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1080 OF 2026 Darshi Karnamma Philips alias Karnamma Philips Darshi .. Deceased 1. Daniel Philips Darshi .. Petitioner no. 1 2. John Philips Darshi .. Petitioner no. 2 3. Arthur Philips Darshi .. Petitioner no. 3 4. Hellina Vinodraj Thodeti (Nee Hellina Philips Darshi) .. Petitioner no. 4 Ms. Saniya Khan, i/by Ms. Sharvari Nagvekar, Advocates for the Petitioners. 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-Darshi Karnamma Philips alias Karnamma Philips Darshi. The Deceased died intestate at Mumbai on 12th September, 2014 and a copy of the Death Certificate is annexed at Exhibit-A to the Petition. 2. The Petitioners are the three sons and one married daughter of the Deceased as more particularly set out at paragraph no. 4 of the Petition, which is as under: 1/4 2-MPT-1080-2026.doc Dixit Sr. No. Names and Address of the heirs and next of kin of the Deceased abovenamed Age Relation with the Deceased 1 Daniel Philips Darshi, R/at 2/109, Abhyudaya Nagar, Veer Shrikant Keshav Hadkar Marg, G. D. Ambekar Marg, M.H.B. Colony, Kalachowki, Tank Road, Mumbai - 400 033, Maharashtra. 66 Years Son (Petitioner no. 1) 2 John Philips Darshi, R/at 2/109, Abhyudaya Nagar, Veer Shrikant Keshav Hadkar Marg, G. D. Ambekar Marg, M.H.B. Colony, Kalachowki, Tank Road, Mumbai - 400033, Maharashtra. 64 Years Son (Petitioner no. 2) 3 Arthur Philips Darshi, R/at 2/109, Abhyudaya Nagar, Veer Shrikant Keshav Hadkar Marg, G. D. Ambekar Marg, M.H.B. Colony, Kalachowki, Tank Road, Mumbai - 400033, Maharashtra. 60 Years Son (Petitioner no. 3) 4 Hellina Vinodraj Thodeti (Nee Hellina Philips Darshi) residing at 38/2010, Vakratunda CHSL, Gandhi Nagar, Near M.I.G. Club, Bandra (East), Mumbai — 400 051, Maharashtra. 58 Years Married Daughter (Petitioner no. 4) 3. As stated in paragraph no. 4 of the Petition, the Petitioners are 2/4 2-MPT-1080-2026.doc Dixit the only heirs and next-of-kin as per Hindu Succession Act, 1956. The parents of the husband of the Deceased have predeceased the Deceased and the husband of the Deceased predeceased the Deceased. There are no other heirs or next-of-kin, save and except as stated above. It is in this background that the Petitioners seek issuance of the Heirship Certificate. 4. The purpose and reason for filing of this Petition is stated at paragraph no. 6 of the Petition. The Petitioners have not filed any other Petition or Application in any Court seeking Legal Heirship Certificate or Probate or 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, the issuance of proclamation is dispensed with and 1 2014 SCC OnLine Bom 1193 3/4 2-MPT-1080-2026.doc Dixit Miscellaneous Petition no. 1080 of 2026 is allowed in terms of prayer clause (a), which reads as under:- “(a) This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the petitioners under the provision of Bombay Regulation VIII of 1827 certifying that follows persons i.e.(1) Daniel Philips Darshi (Son), (2) John Philips Darshi (Son), (3) Arthur Philips Darshi (Son) and (3) Hellina Vinodraj Thodeti (Nee Hellina Philips Darshi) (daughter) are the only Class I Legal Heirs of the deceased abovenamed i.e. Darshi Karnamma Philips alias Karnamma Philips Darshi.” 7. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 2-MPT-1080-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.24 17:44:50 +0530