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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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