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2026 DAILYLAW 3021 (BOM)

SUDHA RAMACHANDRAN WIFE OF RAMACHANDRAN S IYER v. RAMACHANDRAN S IYER SON OF R SIVARAMAN

MPT/846/2026 · 2026-08-06

Shri Abhay Ahuja

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 submissions, the Petition is allowed in terms of the prayer clauses (a) Nikita Gadgil 1/2 NIKITA YOGESH GADGIL Digitally signed by NIKITA YOGESH GADGIL Date: 2026.08.07 11:42:40 +0530 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