Bombay High Court
ANAND KALYANARAMANversusAyyappankavu Venkiteswaran Kalyanaraman (DECEASED)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN P DUBASH
Holding
The court held that, given the deceased died intestate, all surviving legal heirs consented, and no other proceedings exist, a legal heirship certificate may be issued under Bombay Regulation VIII of 1827.
Summary
The petitioner, Anand Kalyanaraman, filed a petition under Bombay Regulation VIII of 1827 seeking a legal heirship certificate for his deceased father who died intestate on 16 June 2025. The deceased owned three immovable properties—two in Kerala and one in Tamil Nadu—and the petitioner needed the certificate to claim these assets. The widow and the other son of the deceased executed consent affidavits waiving proclamation and supporting the grant of the certificate. The court examined the petition, found no other succession proceedings pending, and accepted the consent of all legal heirs. Consequently, the court dispensed with the proclamation and ordered the issuance of a legal heirship certificate naming the petitioner, his mother, and his brother as the sole legal heirs, and disposed of the petition without costs.
Issues considered
- Whether a legal heirship certificate can be issued under Bombay Regulation VIII of 1827 when the deceased died intestate and all surviving legal heirs have consented.
- Whether the absence of any other succession, probate, or administration proceedings bars the grant of the certificate.
Legislation cited
- Bombay Regulation — s. VIII of 1827
Subjects
- legal heirship certificate
- intestate succession
- Bombay Regulation VIII
- immovable property
- consent affidavit
- succession certificate
Judgment
15. MPT-511-2026.doc
Anand vs. Ayyappankavu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
AMOL
AMOL PREMNATH
PREMNATH JADHAV
JADHAV Date:
2026.06.15
19:38:42
MISC. PETITION NO. 511 OF 2026
+0530
Anand Kalyanaraman .. Petitioner
Ayyappankavu Venkiteswaran Kalyanaraman .. Deceased
______________________________________
Ms. Manisha Pant for Petitioner.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 12th JUNE 2026
P.C.:
1. Heard Ms. Manisha Pant, learned Counsel for the Petitioner.
2. By this petition filed under the provisions of Bombay Regulation VIII of
1827, the Petitioner seeks issuance of legal heirship certificate in favour
of the surviving legal heirs of the deceased.
3. The deceased was the father of the Petitioner who expired on 16 th June
2025. A copy of his death certificate is annexed to the petition. It is
stated that at the time of his demise, the deceased was residing and had
a fixed place of abode at Flat No. C-203 situated at Shree Sai Shilp,
Gavanpada, Near Fire Brigade, Mulund (East), Mumbai - 400 081. It is
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Order dated 12th June 2026
15. MPT-511-2026.doc
Anand vs. Ayyappankavu
also stated that the deceased died intestate without leaving behind any
testamentary writing or Will.
4. In paragraph 4 of the petition, the Petitioner has given details of the
surviving legal heirs of the deceased namely his widow and two sons
(including the Petitioner herein). The widow of the deceased and the
other son of the deceased have given their consent affidavits that are
annexed to the petition granting their consent to the grant of legal
heirship certificate in favour of the Petitioner and waiving service of the
proclamation and notice of the petition.
5. The deceased is stated to have owned three immovable properties
whose details are set out in paragraph 8 of the petition, with two of
them being situated in the State of Kerala whilst the another being in
the State of Tamil Nadu. The description of the said three immovable
properties is set out hereunder.
In the State of Kerala:
(a) 100% ownership in one Flat bearing No.: SF1 admeasuring 1013
sq. ft. built-up area, located at Ashtalakshmi Apartment, Double
Street, Near Krishnan Kovil, Old Kalpathy, Palakkad, Kerala – 678
003, India;
(b) 100% ownership in one house bearing No: 5/722/11
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Order dated 12th June 2026
15. MPT-511-2026.doc
Anand vs. Ayyappankavu
admeasuring 1643 sq. ft. carpet area, located at Sowbaaghya
Apartments, Vasant Nagar, Patturaikkal, Thrissur, Kerala – 680
022, India.
In the State of Tamil Nadu:
(c) 50% ownership in one house bearing No: 9 – A, admeasuring 750
sq. ft. carpet area, Nana Nani Homes, Phase 1, Vasantham
Gardens, Narasipuram Main Road, Thondamuthur, Coimbatore,
Tamil Nadu – 641 109, India.
6. It is further stated that the legal heirship certificate is required for
claiming the aforesaid immovable properties.
7. It is further stated that no other petition for heirship certificate,
succession certificate, probate or letters of administration with or
without Will annexed has been filed. There is, therefore no impediment
to the grant of relief.
8. In view of the material placed on record, the petition is accepted and
proclamation is dispensed with.
9. Petition is allowed in terms of prayer clause (a) which reads thus:
“(a). That the legal heirship certificate to this Hon’ble Court be
issued, certifying that the Petitioner viz. Mr. Anand Kalyanaraman
and other surviving legal heirs i.e. Smt. Lakshmi Kalyanaraman and
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Order dated 12th June 2026
15. MPT-511-2026.doc
Anand vs. Ayyappankavu
Mr. Arun Kalyanaraman mentioned hereinabove are the only legal
heirs and legal representatives of the said deceased under the
provisions of Bombay Regulation VIII of 1827.”
10. Petition is accordingly disposed of in terms of the above order with no
other as to costs.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
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Order dated 12th June 2026
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