Bombay High Court
SUDHA RAMACHANDRAN WIFE OF RAMACHANDRAN S IYERversusRAMACHANDRAN S IYER SON OF R SIVARAMAN
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ABHAY AHUJA
Holding
The Court held that the widow, being the sole Class‑I heir, is entitled to a legal heirship certificate and that the proclamation may be dispensed with.
Summary
Sudha, the widow of the deceased Ramchandra S. Iyer, filed a petition under Section 2 of the Bombay Regulation VIII of 1827 seeking a legal heirship certificate after the death of her husband on 9 June 2025. No will was found despite a diligent search, and the deceased's mother had pre‑deceased him, leaving Sudha as the sole Class‑I heir. Counsel for the petitioner argued that there were no other heirs and that a proclamation should be dispensed with. The Court, after hearing the submissions, allowed the petition and ordered the issuance of a legal heirship certificate confirming Sudha as the only heir and legal representative, and directed that the proclamation be dispensed with. The judgment clarified that the certificate does not confer ownership rights but merely identifies the person managing the estate, and it may be annulled if a superior claim is later proven.
Issues considered
- Whether a legal heirship certificate can be issued to the widow as the sole heir under Bombay Regulation VIII of 1827 in the absence of a will.
- Whether the issuance of a proclamation can be dispensed with in such circumstances.
Legislation cited
- Bombay Regulation VIII of 1827 — s. Section 2
Subjects
- legal heirship certificate
- succession
- probate
- proclamation
- Bombay Regulation VIII
- widow's rights
Judgment
903. MPT 846-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 846 OF 2026
Sudha w/o Ramachandran S. Iyer ...Petitioner
Ramchandra S. Iyer s/o r. Sivaraman ...Deceased
Mr. Anna Saldanha for the Petitioner.
CORAM : ABHAY AHUJA, J.
DATE : 6th AUGUST, 2026
P.C. :
1. This Petition filed under Section 2 of the Bombay Regulation VIII
of 1827 by the Petitioner, who is the widow of the deceased, who died
on 9th June 2025, as evidenced by the death certificate annexed to the
Petition at Exhibit A, seeks legal heirship certificate in her name.
2. It is submitted that due and diligent search has been made for a
Will but none has been found.
3. Mr. Saldanha, learned Counsel appears for the Petitioner and
submits that the mother of the deceased pre-deceased the deceased and
that there are no other heirs of the deceased except the Petitioner, who
is the Class-I legal heir and that therefore, the issuance of proclamation
be dispensed with.
4. Having heard the learned Counsel and having considered the
NIKITA
YOGESH
GADGIL submissions, the Petition is allowed in terms of the prayer clauses (a)
Digitally signed by
NIKITA YOGESH
GADGIL
Date: 2026.08.07
11:42:40 +0530
Nikita Gadgil 1/2
903. MPT 846-26.doc
and (b) which read thus:-
“(a) That a Legal Heirship Certificate of the
deceased be issued under the provision of Bombay
Regulation VIII of 1827, certifying that Sudha
Ramachandran W/o. Ramachandran S. Iyer (being the
widow of the deceased and the Petitioner herein) is the
only heir and legal representative of the Deceased.
(b) That issuance of Proclamation be dispensed
with.”
5. It goes without saying that the certificate confers no right to the
property, but only indicates the person who, for the time being, is in the
legal management thereof and that the granting of such certificate shall
not finally determine nor injure the rights of any person and the
certificate shall be annulled upon proof that another person has a
preferable right and that the holder of a certificate, shall be
accountable for his acts done in that capacity to all persons having an
interest in the property, in the same manner as if no certificate had
been granted.
(ABHAY AHUJA, J.)
Nikita Gadgil 2/2
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