The main legal point established is that the purpose of an heirship certificate is formal recognition of status, and the right to apply for it is a continuous right not barred by limitation.

1. The petitioner had applied for heirship certificate under Rule-2 of the Bombay Regulation Act in respect of his father and his two uncles who had died Bachelors. All the three brothers have left immovable properties at Ambernath, Thane. The death of the father had taken place on 25th September, 1968 and the death of the uncles had taken place on 20th November, 1985 and 13th July, 1990.

2. The application had been filed by the petitioner through his son and Constituted Attorney. As per the prescribed procedure, citation and public notices were issued for calling objections from the public at large. No objection was received from anybody to resist the application. Despite the fact, the trial Court i.e. the Court of Civil Judge Senior Division, Kalyan rejected the application on two grounds. The first ground was bar of limitation under Article 137 of the Limitation Act and the second ground was physical incapacity of the petitioner to manage the properties. Being aggrieved by the decision of the trial Court, the petitioner has invoked extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India.

3. Mr. Badgujar, the learned Advocate for the petitioner, submits that the learned Trial Court Judge had completely misdirected himself as regards the purpose of heirship certificate. He further submits that considering the nature of the certificate and its purpose, neither the bar under Article 137 of the Limitation Act is attracted to it, nor the health of the petitioner can be considered for grant of the certificate. Mr. Badgujar, refers to the provisions of the Bombay Regulation Act, 1827 (“the Regulation” for short) to point out that, the purpose of issuance of heirship certificate thereunder is only to provide formal recognition to the heirs and as such the right to apply for heirship certificate would be a continuous right, which is capable of being exercised as long as the object of the application exists.

4. The object of the Regulation, it's first recital and Rules 1 to 3 of it's Chapter-I, which are relevant for the present purposes, read as follows:-

“A Regulation to provide for the formal recognition of heirs, executors and administrators and for the appointment of administrators and managers of property by the Courts.

WHEREAS, at the same time that it is in general desirable that the heirs, executors or legal administrators of persons deceased should, unless their right is disputed, be allowed to assume the management or sue for the recovery for property belonging to the estate, without the interference of Courts of justice, it is yet in some cases necessary or convenient that such heirs, executors or administrators, in order to give confidence to persons in possession of, or indebted to, the estate to acknowledge and deal with them, should obtain a certificate of heirship, executorship, or administratorship, from the Zila Court.”

CHAPTER I

“Rules for the Recognition of Heirs, Executors and Administrators when there is a Competent Claimant

1. Legal heir, etc., of person deceased competent to represent him without recognition from court:

Whenever a person dies leaving property, whether movable or immovable, the heir or executor, or legal administrator may assume the management, or sue for the recovery, of the property, in conformity with the law or usage applicable to the disposal of the said property, without making any previous application to the Court to be formally recognised.

2. First. But if such recognition requested, proclamation will be issued :

But if an heir, executor or administrator is desirous of having his right formally recognized by the Court, for the purpose of rendering it more safe for persons in possession of, or indebted to, the estate to acknowledge and deal with him, the Judge, on application, shall issue a proclamation, in the form contained in Appendix A, inviting all persons who dispute the right of the applicant to appear in the Court within one month from the