IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1098 OF 2026 Thomas Thoman Kuttiyanal alias K.T. Thomas ....Deceased Lilly Thomas Joseph Kuttianal ….Petitioner ------- Mr. Mangesh Parte a/w. Mr. Vishal Bhalerao, Ms. Siya Shukla and Mr. Rajeev Pandit 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 – Thomas Thoman Kuttiyanal alias K.T. Thomas who at the time of his death was residing Kuttianal House, Madh lsland, Christian Lane, Madh, Andheri, Mumbai – 400 061. The Deceased died intestate on 26th February, 2000 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 1/4 20-MPT-1098-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.28 14:55:50 +0530 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 : Sr. No. Name Age Relationshi p with the Deceased Residential Address 1. Lilly Thomas Joseph Kuttianal (The Petitioner abovenamed) 75 Wife Kuttianal House, Madh Island, Christian Lane, Marve Road, Via Versova, Madh Village, Andheri, Mumbai – 400 061 2. Julie Roy Alookkaran 51 Daughter A/l02, Krishna Building, Mith Chowky Vishal Nagar, Malad West, Mumbai – 400 064 3. Lijie Floyied Fernandes 48 Daughter 1st Floor, Kuttianal House, Christian Lane, Madh Island, Marve Road, PO Versova, Malad West, Mumbai – 400 061 4. Anthony Joseph Kuttaianal 42 Son Kuttianal House, Christian Lane, Madh Island, Marve Road, PO Versova, Malad West, Mumbai – 400 061 2/4 20-MPT-1098-2026.doc Gauri Gaekwad 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 two daughters of the Deceased have filed common consent affidavit dated 14th June, 2026, which is annexed to the Petition at page nos.44 to 48. 5. The reasons for filing this Petition are stated at paragraph nos.6, 9 and 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 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. 1 2014 SCC OnLine Bom 1193 3/4 20-MPT-1098-2026.doc Gauri Gaekwad 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.1098 of 2026 is allowed in terms of prayer clause (a), which reads as under : (a) That this Hon'ble Court be pleased to grant a Legal Heirship Certificate under the provisions of Bombay Regulation VIII of 1827, certifying that the Petitioner and her two daughters and one son Viz. 1) Lilly Thomas Joseph Kuttianal (Widow), 2) Julie Roy Alookkaran (Daughter), 3) Lijie Floyied Fernandes (Daughter), and 4) Anthony Joseph Kuttaianal (Son), are the only legal heirs and representatives of the said deceased, in respect of the aforesaid property, namely plot of land admeasuring 140 sq. yards including structures sanding thereon admeasuring 38 sq. yards bearing Municipal Assessment No. P(K)-6809 (3)-1-10, Under Account No. PN-20-0015-00 dated 19/61/62, lying and being at C.T.S. no. 86, of Village Madh, Taluka Andheri, B.S.D., Mumbai. 8. Issue of Proclamation is dispensed with. 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 20-MPT-1098-2026.doc Gauri Gaekwad