Bombay High Court
Ramgopal Gulabchand SomaniversusSampurna Ramgopal Somani
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN P DUBASH
Holding
The Court held that the legal heirship certificate should be issued under Bombay Regulation VIII of 1827 to the petitioners as the lawful heirs.
Summary
The petitioners, the surviving husband and children of the deceased, applied for a legal heirship certificate under Bombay Regulation VIII of 1827 after the wife died intestate on 6 September 2006. The deceased owned two immovable properties in Ghatkopar, Mumbai, and no other heirship or succession proceedings had been initiated. The petition detailed the surviving legal heirs and asserted that there were no impediments to granting the certificate. The Court examined the petition and the supporting documents, including the death certificate and property details. Finding the material satisfactory, the Court ordered that a legal heirship certificate be issued to the petitioners, allowing them to sell the properties, and disposed of the petition without costs.
Issues considered
- Whether a legal heirship certificate can be issued under Bombay Regulation VIII of 1827 for an intestate deceased with the surviving husband and children as heirs.
Legislation cited
Subjects
- legal heirship certificate
- intestate succession
- Bombay Regulation VIII 1827
- immovable property
- succession
- probate
- heirship
Judgment
6. MPT-279-2026.doc
Ramgopal vs. Sampurna
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
MISC. PETITION NO. 279 OF 2026
signed by
AMOL
AMOL PREMNATH
PREMNATH JADHAV
JADHAV Date:
2026.06.15
19:38:42
+0530 Ramgopal Gulabchand Somani & Ors. .. Petitioners
Sampurna Ramgopal Somani .. Deceased
______________________________________
Ms. Arya Ambre i/b N. M. Shimpi for Petitioners.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 12th JUNE 2026
P.C.:
1. Heard Ms. Arya Ambre, learned Counsel for the Petitioners.
2. By this petition filed under the provisions of Bombay Regulation VIII
of 1827, the Petitioners seek issuance of legal heirship certificate in
favour of the surviving legal heirs of the deceased.
3. The deceased was the wife of Petitioner no. 1 and the mother of
Petitioner nos. 2 to 5. The deceased expired on 6 th September 2006.
A copy of her death certificate is annexed to the petition. It is stated
that at the time of her death, the deceased was residing and had a
fixed place of abode at Flat no. 18, Smita Building, R. B. Mehta
Road, Ghatkopar (East), Mumbai 400 077. It is also stated that the
deceased died intestate without leaving behind any testamentary
writing or Will.
Page 1 of 3
-------------------------------------
Order dated 12th June 2026
6. MPT-279-2026.doc
Ramgopal vs. Sampurna
4. In paragraph 6 of the petition, the Petitioners have given details of
the surviving legal heirs of the deceased, i.e. husband (Petitioner no.
1), one son (Petitioner no. 2) and three daughters (Petitioner nos. 3
to 5). It is stated that the deceased had no other legal heirs at the
time of her death.
5. The deceased is stated to have owned two immovable properties,
whose details/description are given in Exhibit-G which is annexed to
the petition. The details of the two immovable properties are set out
hereunder:
(1) Old Flat No. 9/2nd Floor in the Building known as “Smita” now
newly redeveloped as Flat No. 403, on 4th Floor, in newly
constructed building in “Smita Nagar Co Op Hsg Soc Ltd” at Smita
Nagar, R B Mehta Marg, Ghatkopar (East) Mumbai – 400 077.
(2) Old Flat No. 18 in the building known as “Smita” now newly
redeveloped as Flat No. 803 on 8th Floor in newly constructed
building in “Smita Nagar Co Op Hsg Soc Ltd” at Smita Nagar, R B
Mehta Marg, Ghatkopar (East) Mumbai – 400 077.
6. It is stated that the legal heirship certificate is required since the
Petitioners are desirous of selling the above properties. It is stated
that no other petition for heirship certificate, succession certificate,
probate or letters of administration with or without Will annexed has
Page 2 of 3
-------------------------------------
Order dated 12th June 2026
6. MPT-279-2026.doc
Ramgopal vs. Sampurna
been filed. There is, therefore no impediment to the grant of relief.
7. In view of the material placed on record, petition is accepted and the
petition is allowed in terms of prayer clause (b) which reads thus:
“(b) That a legal heirship certificate be issued under the provisions
of Bombay Regulation VIII of 1827, certifying that the Petitioners
above named are the legal heirs and representatives of the
deceased above named.”
8. Petition is disposed of in terms of the above order with no order as to
costs.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
Page 3 of 3
-------------------------------------
Order dated 12th June 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.