Case Note & Summary
The petitioner, Vinita Ankit Verma, filed a Miscellaneous Petition under Section 2 of Bombay Regulation VIII of 1827 seeking a Legal Heirship Certificate in respect of her deceased husband, Ankit Bhagwaticharan Verma, who died intestate on 11th May 2015 in Kalyan. The petitioner claimed that the deceased was survived by herself, a daughter aged 16 years, and a minor son aged 8 years. The petition stated that the mother of the deceased had predeceased him. The court department raised an objection and demanded the production of the death certificate of the deceased's mother. The court examined the provisions of Bombay Regulation VIII of 1827, particularly Section 2, which allows an heir to apply for formal recognition of his right. The court observed that the Regulation does not mandate the production of a death certificate of a predeceased parent in every case. The court held that it is not an invariable requirement and that the court may, in its discretion, ask for additional documents only if the facts of the case warrant further satisfaction. Since the petitioner's statement that the mother predeceased the deceased was not disputed and there was no reason to doubt its veracity, the court allowed the petition and directed the issuance of the Legal Heirship Certificate to the petitioner and her two children.
Headnote
A) Succession - Legal Heirship Certificate - Bombay Regulation VIII of 1827, Section 2 - Discretion of Court - The court held that it is not an invariable requirement to produce the death certificate of a predeceased parent in every application for a Legal Heirship Certificate. The court may, in its discretion, ask for additional documents only if the facts of the case warrant further satisfaction. (Paras 1-5)
Issue of Consideration
Whether the court can insist on production of death certificate of a predeceased parent in every application for a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827.
Final Decision
The court allowed the petition and directed the issuance of a Legal Heirship Certificate in favor of the petitioner and her two children, without requiring the death certificate of the deceased's mother.
Law Points
- Legal Heirship Certificate
- Bombay Regulation VIII of 1827
- Section 2
- Discretion of Court
- Requirement of documents
