No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]

The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents.Justice SC Gupte heard the petition filed by one Kusum Chandrakant Shankardas and her two daughters. The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents. In March 2016, the petitioners filed an application under RTI and learnt that the respondents had obtained a legal heirship certificate through a miscellaneous application in 2015. The court noted that in order to seek revocation of a heirship certificate granted under Section 2 of Bombay Regulation VIII of 1827, the applicant for revocation must make out three ingredients; firstly, it needs to be shown that there is a false suggestion or concealment of a material particular in the application for heirship certificate; secondly, such suggestion or concealment must be shown to have been made knowingly, thirdly, there should be no other consideration affecting the maintainability of the application for revocation.