IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1096 OF 2026 Jayalakshmi Narayanan Subramanyan ....Deceased Sunita Radhesh Uchil ….Petitioner ------- Ms. Kiran Shetty 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 - Jayalakshmi Narayanan Subramanyan who at the time of her death was residing at Flat No.1704, Raheja Heights, Opp. Film City Road, Malad East, Mumbai - 400 097. The Deceased died intestate on 22nd January, 2018 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 1/4 18-MPT-1096-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.28 14:55:51 +0530 2. The Petitioner is the daughter 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 : Sr. No. Names and Addresses of the Next-of-kin of the Deceased Age Relation with the Deceased 1. Sunita Radhesh Uchil (Petitioner) Flat No.1703, Raheja Heights, Opp. Film City Road, Malad East, Mumbai – 400 097 57 Years Daughter 2. Raji Manoj Nair D - 19/171, M I G Colony, Kherwadi, Bandra East, Mumbai - 400 051 53 Years Daughter 3. It is further stated that the parents and husband 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 daughter of the Deceased has filed her consent affidavit dated 24th August, 2026, which is annexed to the Petition at page nos.33 to 37. 5. The reasons for filing this Petition are stated at paragraph nos.5 to 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 2/4 18-MPT-1096-2026.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 affidavit that is filed, which are accepted, Miscellaneous Petition No.1096 of 2026 is allowed in terms of prayer clause (a), which reads as under : (a) That a Legal Heirship Certificate be issued under section 2 of the Bombay Regulation VIII of 1827 to the Petitioner, thereby certifying that the said (1) Sunita Radhesh Uchil (Daughter and Petitioner herein), (2) Raji Manoj Nair (Daughter of the deceased) are the only legal heirs and next-of-kin of the said deceased as per the provisions of the Hindu Succession Act, 1956. 8. Issue of Proclamation is dispensed with. 1 2014 SCC OnLine Bom 1193 3/4 18-MPT-1096-2026.doc Gauri Gaekwad 9. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 18-MPT-1096-2026.doc Gauri Gaekwad