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Bombay High Court

Ramgopal Gulabchand SomaniversusSampurna Ramgopal Somani

Decided
Disposal
DISPOSED OFF

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
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                                                      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


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