IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1097 OF 2026 Shantaben Ramchandra Panchal ....Deceased Ramesh Ramchandra Panchal ….Petitioner ------- Ms. Pratiksha Babar i/b. Ms. Sujata Babar 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 - Shantaben Ramchandra Panchal who at the time of her death was residing at Badarpura (K), Taluka Palanpur, District Banaskatha. The Deceased died intestate on 25th July, 2017 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 2. The Petitioner is the son of the Deceased. At paragraph no.4, the Petitioner has furnished details of the only surviving legal heirs and 1/4 19-MPT-1097-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.28 14:55:51 +0530 next-of-kin of the Deceased as follows : Sr. No. Names and addresses of the heirs and next of kins of the deceased abovenamed Age Relation with the Deceased 1. Ramesh Ramchandra Panchal (The Petitioner abovenamed) Residing at 2/212, Gokul B, Bakari Adda, N.M. Joshi Marg, Jacob Circle, Mumbai – 400 011 42 Years Son 2. Laxmichand Ramchand Panchal Residing at 5/504-D, Blue Mount Building, 100 Ft. Road, Sun City, Vasai West, Umele, Thane – 401 202 46 Years Son 3. Jyosana Jagdish Panchal Residing at 14, Nalinee Apartment, Padwal Nagar, Wagle Estate, Thane – 400 604 43 Years Married Daughter 4. Kailashben Hareshkumar Panchal Residing at 142, Panchal Vas, Mahi, Banaskantha, Gujarat – 385 210 40 Years Married Daughter 5. Bhavika Sanjaybhai Panchal Residing at 100, Royal Bunglows, Opp. Sabri Bunglows, Nikol Naroda Road, Ahmadabad, Naroda (East), Gujarat – 382 330 37 Years Married Daughter 3. It is further stated that the husband of the Deceased has 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. 2/4 19-MPT-1097-2026.doc Gauri Gaekwad 4. The son and three daughters of the Deceased have filed their individual consent affidavits, all dated 31st August, 2026, which are annexed to the Petition at page nos.31 to 42. 5. The reasons for filing this Petition are stated at paragraph nos.8 and 9 of the Petition. It is also stated that the Petitioner or the legal heirs have not filed any other Petition for Heirship Certificate, Succession 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.1097 of 2026 is allowed in terms of prayer clauses (a), (b) and (c), which read as under : 1 2014 SCC OnLine Bom 1193 3/4 19-MPT-1097-2026.doc Gauri Gaekwad (a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. RAMESH RAMCHANDRA PANCHAL, his Brother viz. LAXMICHAND RAMCHAND PANCHAL and his Three Sisters viz. JYOSANA JAGDISH PANCHAL, KAILASHBEN HARESHKUMAR PANCHAL and BHAVIKA SANJAYBHAI PANCHAL are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act VIII of 1827. (b) Delay of 6 years, 1 month and 5 days may be Condoned. (c) Proclamation may 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 19-MPT-1097-2026.doc Gauri Gaekwad