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2026 DAILYLAW 10899 (BOM)

Lalitha Kalyan Krishnan v. T S Kalyan Krishnan

MPT/1084/2026 · 2026-09-24

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1084 OF 2026 T.S. Kalyan Krishnan .. Deceased 1. Lalitha Kalyan Krishnan .. Petitioner no. 1 2. Shailesh Kalyan Krishnan .. Petitioner no. 2 Mr. Saurabh J. Dhuri, Advocate 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-Shri T.S. Kalyan Krishnan. The Deceased died intestate at Mumbai on 5th October, 2016 and a copy of the Death Certificate is annexed at Exhibit-A to the Petition. 2. The Petitioners are the wife and son of the Deceased as more particularly set out at paragraph no. 4 of the Petition, which is as under: 1/3 6-MPT-1084-2026.doc Dixit Sr. No. Names and Address of the heirs and next of kin of the Deceased abovenamed Age Relation with the Deceased 1 Lalitha Kalyan Krishnan, Residing at Room No.8, Plot No.69, Prem Sagar, Sion (East), Mumbai - 400 022. 77 Wife (Petitioner no. 1) 2 Shailesh Kalyan Krishnan, Residing at Room No.8, Plot No.69, Prem Sagar, Sion (East), Mumbai-400 022. 48 Son (Petitioner no. 2) 3. As stated in paragraph no. 4 of the Petition, the Petitioners are the only heirs 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 Petitioners seek issuance of the Heirship Certificate. 4. The purpose and reason for filing of this Petition is stated at paragraph no. 8 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 2/3 6-MPT-1084-2026.doc Dixit 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 Miscellaneous Petition no. 1084 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 Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner alongwith heirs mentioned in para no.4 (Lalita Kalayn Krishnan and Shailesh Kalyan Krishnan) herein above are the only heirs and legal representative of the deceased.” 7. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 1 2014 SCC OnLine Bom 1193 3/3 6-MPT-1084-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.24 17:45:12 +0530