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Bombay High Court

SUDHA RAMACHANDRAN WIFE OF RAMACHANDRAN S IYERversusRAMACHANDRAN S IYER SON OF R SIVARAMAN

Decided
Disposal
DISPOSED OFF

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

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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