26-MPT-918-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION NO. 918 OF 2026 Prabhakar Shivram Barwe ...Deceased And Sonali Prabhakar Barwe ...Petitioner __________ Mr. Rahul Yadav for the Petitioner. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 21st AUGUST 2026 P.C.: 1. Heard Mr. Rahul Yadav, learned counsel for the Petitioner. 2. This Miscellaneous Petition is filed under Section 2 of the Bombay Regulation VIII of 1827 (“said Regulation” for short), for issuance of Legal Heirship Certificate. The Petitioner – Sonali Prabhakar Barwe (aged 51 years), daughter of i.e. Prabhakar Shivram Barwe (“Deceased”) who passed away in Mumbai on 6th December 1995. The death certificate of the Deceased is at Exh-A to the Petition. 3. It is stated in the Petition that the Deceased passed away intestate and despite due diligence, no Will is discovered. Paragraph 4 of the Petition discloses that the Deceased left behind his daughter i.e. Sonali Prabhakar Barwe being the sole surviving legal heir of the Deceased. It is specifically averred that besides the daughter as stated above, there is no Pallavi PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.08.24 17:42:04 +0530 26-MPT-918-2026.doc other legal heir or next-of-kin of the Deceased. 4. The Deceased passed away in Mumbai and has been permanent resident of Mumbai to confer the jurisdiction of this Court as stated in paragraph 8 of the Petition. 5. It is stated that the requirement for obtaining legal heirship certificate arises for declaration that the Petitioner - Sonali Prabhakar Barwe i.e. daughter of the Deceased be declared as the only surviving legal heir of the Deceased. 6. It appears that the Petition is filed after a substantial lapse of time. Mr. Yadav, learned counsel would place reliance on Ganapati Vinayak Achwal1. The Court held that the right to apply for heirship certificate is a continuous right which is capable of being exercised as long as object of the right as an heir exists. Therefore, in the given facts and circumstances, the issue of delay would not arise and the same is noted. 7. The Petitioner has paid requisite Court fees in the Petition. 8. The Petitioner states that no application has been made to any District Court or District Delegate or to any High Court for probate of any will of the said Deceased or for Letters of Administration with or without the will annexed thereto or for Succession Certificate to the property and credits of the Deceased abovenamed. 9. For the reasons and in light of the material on record coupled with the statements/undertakings contained in the Petition, issuance of 1 2014 Mh LJ (6) 683 Pallavi 26-MPT-918-2026.doc Proclamation is accordingly dispensed with. The Petition is allowed in terms of prayer clause (b) which reads thus:- “(b) This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the petitioner under the provision of Bombay Regulation VIII of 1827 certifying that Sonali Prabhakar Barwe as the legal heir of the deceased.” 10. The Petition is disposed of in the above terms. No order as to costs. 11. All concerned to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.] Pallavi