Vijaya Krishnan Unnithan vs Saraswathy Unnithan… — Succession and Inheritance | Bombay HC (2025)

Vijaya Krishnan Unnithan vs Saraswathy Unnithan… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of a Legal Heirship Certificate in terms of prayer clause (a), certifying the Petitioner and his son as the only heirs and legal representatives of the deceased under the provision of Bombay Regulation Act, VIII of 1827; the Registry directed to issue the certificate in the standard format prescribed for the same; Miscellaneous Petition disposed of.

Issue for consideration

Whether a Legal Heirship Certificate should be granted to the Petitioner under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased Saraswathy Unnithan, who died on 16 July 2024 and is assumed to have died intestate.

Court's answer

Since the Petition has been duly verified by the Registry and no other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed, there is no impediment in law to the grant of relief.

Ratio / Principle

Having heard learned Counsel for the Petitioner and perused the Petition, the Court found the Petition to be in order and deserving to be allowed in the interest of justice.

Key takeaways

The Miscellaneous Petition is allowed in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate certifying the Petitioner and his son as the only heirs and legal representatives of the deceased under the provision of Bombay Regulation Act, VIII of 1827; the Registry shall issue the certificate in the standard prescribed format and the Petition is disposed of.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Arif S. Doctor, J.) — Miscellaneous Petition No. 630 of 2024 decided on 22 January 2025 — Petition under Section 2 of Bombay Regulation VIII of 1827 for a Legal Heirship Certificate in respect of Saraswathy Unnithan, who died on 16 July 2024. No Will was traced despite diligent search, so the deceased was assumed to have died intestate; heirs were identified according to the Hindu Succession Act, 1956. The Petitioner, stated to be the wife of the deceased, was supported by a consent affidavit of the only other legal heir. The Registry verified the Petition and no competing Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration was on record. Held: no impediment in law to the grant; Petition allowed in terms of prayer clause (a) — certificate to certify the Petitioner and his son as the only heirs and legal representatives of the deceased under the provision of Bombay Regulation Act, VIII of 1827; Registry to issue the certificate in the prescribed standard format; Petition disposed of.

skn 1 33-MPT-630.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 630 OF 2024

Vijaya Krishnan Unnithan. … Petitioner. Saraswathy Unnithan. … Deceased.

Ranjeet Kumar Singh for the Petitioner.

SANJAY KASHINATH NANOSKAR

Digitally signed by SANJAY KASHINATH NANOSKAR Date: 2025.01.24 11:47:18 +0530

CORAM: ARIF S. DOCTOR, J. DATE: 22 January 2025.

P.C. :

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Saraswathy Unnithan (‘the deceased’), who died on 16 July 2024. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

The deceased left behind him surviving as his only heirs and next of kin according to Hindu Succession Act, 1956, the persons mentioned in the table in paragraph 4 of the Petition.

skn 2 33-MPT-630.2024.doc

The reason for which the Legal Heirship Certificate is required is set out in paragraph-8 of the Miscellaneous Petition.

The Petitioner is the wife of the deceased. There is only one

other legal heir of the deceased who has filed consent affidavit which is annexed to the Petition.

The Petition has been duly verified by the Registry. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads thus:

“ (a) That Legal Heirship Certificate be issued Certifying that the Petitioner & his son are the only Heirs and Legal Representatives of the Deceased under the provision of Bombay Regulation Act, VIII of 1827.”

skn 3 33-MPT-630.2024.doc

The Registry shall issue the Legal Heirship Certificate in the

standard format prescribed for the same.

The Miscellaneous Petition is accordingly disposed of.

(ARIF S. DOCTOR, J.)