Bombay High Court
BHARGAVI R PILLAI WIDOW OF G RAVEENDRAN PILLAIversusG RAVEENDRAN PILLAI S O GOPALA PILLAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that, given the consent affidavit and absence of any dispute, a legal heirship certificate may be issued without a proclamation.
Summary
The widow of the deceased, Bhargavi R. Pillai, filed a miscellaneous petition under Section 2 of Bombay Regulation VIII of 1827 seeking a legal heirship certificate. The deceased, G. Raveendran Pillai, died intestate on 31 March 2026 with no will discovered. The petitioner identified herself and the deceased's daughter, Rashmi Raveendran Pillai, as the only legal heirs and submitted a consent affidavit from the daughter waiving the need for a proclamation. The court examined the petition, the consent affidavit, and found no delay or impediment to issuing the certificate. Consequently, the court dispensed with the proclamation and ordered the issuance of a legal heirship certificate confirming the petitioner and the daughter as the sole heirs. The petition was disposed of in the petitioner’s favour.
Issues considered
- Whether a legal heirship certificate can be issued under Bombay Regulation VIII of 1827 without a proclamation when the heirs consent.
Legislation cited
Subjects
- legal heirship certificate
- intestate succession
- Bombay Regulation VIII 1827
- consent affidavit
- probate
Judgment
Digitally signed
by CHITRA
SANJAY
CHITRA SONAWANE
SANJAY Date:
SONAWANE 2026.08.21
20:06:53
+0530
23-MPT-910-2026 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC PETITION IN T AND I J NO. 910 OF 2026
G Raveendran Pillai S O Gopala Pillai ... Deceased.
Bhargavi R Pillai Widow Of
G Raveendran Pillai ...Petitioner.
__________
Mr Vijay H. Kantharia a/w Shubhada S. Salvi for the
Petitioner/Applicant.
__________
CORAM : ADVAIT M. SETHNA, J.
DATE : 21st AUGUST 2026
P.C.:
1. Heard Mr. Vijay H. Kantharia, the learned Counsel for the
Petitioner.
2. The present Miscellaneous Petition is filed under Section 2 of
Bombay Regulation VIII of 1827 ('said Regulation' for short), for
issuance of Legal Heirship Certificate.
3. As stated in the Petition, the Petitioner i.e. Bhargavi R. Pillai is the
widow of G.Raveendran Pillai ("Deceased") who expired at Pune on 31st
March 2026. The Death Certificate is at Exh.A to the Petition.
4. The Petition states that the Deceased died intestate. Despite due
diligence no Will has been discovered. In paragraph No.4 of the Petition
details of the the legal heirs of the Deceased has been specifically set out
as the Petitioner being the widow of the Deceased and Rashmi
Raveendran Pillai as the daughter of the Deceased. The Petition states
Chitra Sonawane Page 1 of 3
23-MPT-910-2026 (OS).doc
that besides above, there are no legal heirs and next of kins of the
Deceased. It is stated in the Petition that the Petitioner was the
permanent resident of Mumbai and the properties for which Heirship
Certificate is required are also situated in Mumbai.
5. It is further stated that the Petitioner is required to produce the
Legal Heirship Certificate before the authorities of the Government as
well as semi Government for transfer of property belonging to the
Deceased in the name of the Petitioner.
6. The Petition states that the Petitioner has not filed nor made any
application to any District Court, District Delegate or any High Court for
probate of any will or for Letters of Administration with or without a
will annexed thereto or for a Succession Certificate to the property and
credits of the deceased above named. The daughter of the deceased has
also not filed or made any application to any District Court, District
Delegate or any High Court for probate of any will or for Letters of
Administration with or without a will annexed thereto or for a
Succession Certificate to the property and credits of the deceased
abovenamed.
7. It appears from the averments in the Petition that there is no delay
in filing the proceedings.
8. The Petitioner has paid the requisite Court fees as stated in
paragraph 13 of the Petition.
9. Learned Counsel for the Petitioner has pointed out the Consent
Affidavit of Rashmi Raveendran Pillai, daughter of the Deceased wherein
she has given her free and final consent to the Petitioner for grant of
Heirship Certificate and also stated that Proclamation/Notice/Citation
may be dispensed with.
Chitra Sonawane Page 2 of 3
23-MPT-910-2026 (OS).doc
10. For the above reasons and in light of the material on record,
coupled with the statements/Undertakings contained in the Petition,
read with the Consent Affidavit filed, issuance of Proclamation is
accordingly dispensed with. The Petition is allowed in terms of prayer
clause (A), which reads thus :
"(A) This Hon'ble Court be pleased to issue a
Legal Heirship Certificate to the petitioner
under provision of Bombay Regulation VIII of
1827 certifying that the Petitioner namely
Bhargavi R Pillai, Widow of deceased late G
Raveendran Pillai and Rashmi Raveendran Pillai
daughter of the Deceased are the only heirs and
legal representatives of the said deceased."
11. The Petition is disposed of in the above terms. No order as to
costs.
12. All concerned to act on an authenticated copy of this Order.
[ADVAIT M. SETHNA, J.]
Chitra Sonawane Page 3 of 3
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