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Bombay Regulation VIn of 1827


[1 st J anuary
1827]

Repealed in part, by Act 12 of 1873.


Application of s. 10 restricted (locally), by
Bom. 4 of
1890, sec. 58 (3).
Adapted and modified by the Adaptation
of Indian Laws
Order in Council.
Adapted and modified by the Adaptation
of Laws Or-
der, 1950.
A Regulation 1.0 provide for the formal
recognition of
heirs, executors and administrators, and for the
appointment
of administrators and managers of property by
the Courts.
WHEREAS, at the same time that it is in
general desir-
able that the heirs, executors or legal
administrators of per-
sons deceased should, unless their right is
disputed, be allowed
to assume the management or sue for the
recovery for
property belonging to the estate, without the
interference of
Courts of justice, it is yet in some cases
necessary or conven-
ient that such heirs, executors or administrators,
in order to
give confidence to persons in possession of, or
indebted to,
the estate to acknowledge and deal with them,
should obtain~
a certificate of heirship, executorship, or
administratorship.
from the Zila Court;
And whereas, whenever there is no person
OJ! the spot
entitled or willing to take charge of the property
of a person
45
5
The Bombay Regulations The Bombay Regulations 457
deceased, or when the right of any debts or securities n.r i.ided ir: the estetr., see sec. 215 of
succession is disputed between Act 39 of 1925., (
two or more claimants, none of whom has taken possession
As to grant of certificate under the Irdian Succession
or where the heirs are incompetent to the management of
Act. 1925 (39 of 1925), on production of a certificate granted
their aftairs and have no near relations entitled and willing to
under this Regulation, set, s. 214 of that Au.
take charge on their behalf, or where a person possessed of
property dies intestate and without known heirs, it is essential
that the Zila Court should appoint an administrator for the
Chapter j
management of the estate; the following rules are therefore Rules for the Recognition of Heirs, Executors and
enacted 1(* ,~ * * '~J Administrators when there is a Competent Clamant
Bom. Reg. 8 of 1827 was declared by the Laws Local ( 1. Legal heir, etc., of person deceased competent to rep-
Extent Act, 1874 (15 of 1874), s. 5, to be in force in the whole resent him without recognition from court :
of the State of Bombay except as regards the Scheduled Dis- ./" Whenever a person dies leaving property, whether move-
tricts, i.e., the villages belonging to the following Mehwassi abk<rr immovable, the heir or executor, or legal administra-
Chiefs: tor, may assume the management, or sue for the recovery, of
(l) The Parvi of Kathi. the property, in conformity with the law or usage applicable to
(2) The Parvi of Nal. the disposal of the said property, without making any previous
(3) The Parvi of Sing pur application to the Court to be formally recognized.)
(4) The Walwi of Gaohalli. First. But if such recognition requested, proclamation
(5) The Wassawa of Chikhli. wilJ...t>e issued :
(6) The Parvi of Nawalpur.,
"'- But if an heir, executor or administrator-is desirous of
As to Court-fees on certificates granted under this having his right formally recognized by the Court, for the pur-
Regulation, see clause (viii) of s. 10, and article I2A of Sch, I pose of rendering it more safe for persons in possession of, or
of the Court-fees Act, 1870 (7 of 1870). indebted to, the estate to acknowledge and deal with him, the
As to the application of certain provisions of the Indian Judge, on application, shall issue a proclamation, in the fOrm!
Succession Act, 1925 (39 of 1925), to certificates gran ted contained in Appendix A, inviting all persons who dispute the
under this Regulation, to applications made for such certifi- right of the applicant to appear in the Court within one month
cates and to tbe exhibition of inventories and accounts by from the date of the proclamation and enter their objections,
holders of such certificates, see s. 390 of Act 39 of 1925. and declaring that, if no sufficient objection is offered, the
The grant of probate or letters of administration under Judge will proceed to receive proof of the right of the appli-
the Indian Succession Act, 1925 (39 of 1925), in respect of an cant, and, if satisfied, grant him a certificate of heirship, ex-
estate supersedes any certificate previously granted under Part ecutorship or a~mi~istralorship.) .
X of the said Act or under the Succession Certificate Act, Second. Publication of proclamation:
1889 or Bombay Regulation No. VIII of 1827, in respect of (Rep. Act. XII of 1873.J
---~----------------------------------~ If no objection appears, recognition to be granted
~~~
The words "to take effect from such date ~5 sball be prescribed in a Regulation
. If, at the expiration of the time mentioned in the procla-

to he here~fter passed for that purpose" were repealed by the Repealing Act,
1873 (12 of 1873).
458 The Bombay Regulations The Bornbav Regulations l!.59
.... ~--. ~.~

marion, no sufficient objection has been made, the Court ShaH)' S~(:(jmi.; Eu;' recognitiou gives no title 'to property :
forthwith receive such proof as may be offered of the right of Bi;1, as the certificate confers no right to the property,
the person making the claim, and, if satisfied, shall grant a but only indicates the person who, for the time being, is in the
certificate in the form contained in Appendix B, declaring him legal management thereof, the granting of such certificate shall
the recognized heir, executor or administrator of the deceased. not finally determine nor injure the rights of any person: and
.:S. First : Objection appearing to be examined and recog- the certificate shall be annulled by the Zila Court, upon proof
nition given or refused accordingly : that another person has a preferable right.
If, before the expiration of the time, any objection is Tfffiilrd:: No relief fW!01! responsibjlity to claimants :
made to the right of the person claiming as heir, executor or An heir, executor or administrator, holding a certificate,
administrator, the Judge, on a day to be fixed (of which at shall he accountable for his acts done in that capacity to all
least eight days' previous notice shall be given to the parties), persons having an interest in the property, in the same man-
shall summarily investigate the grounds of the objections on ner as if no certificate bad been granted.
the one hand, and of the right claimed on the other, examining Refusal of a recognition no judgement against claim of
such witnesses or other evidence as may be adduced by the applicant:
parties, and either grant or refuse a certificate, as the circum-
The refusal of a certificate by the Judge shall not fi-
stances of the case may require.
nally determine the rights of the person whose application is
Second: if question is complicated 01:' difficult, matter
refused, but it shall still be competent to him to institute a suit
to be left foil' adjudication: for the purpose of establishing his claim.
But if from the evidence adduced, it appears that the Chapter Il
question at issue between the parties is of a com?lica~ed or
Of the Appointment of an Administrator by the Zila
difficult nature, the Judge may suspend proceedings III the
application for a certificate until the question has been tried Court, when there is no Heir or Executor Competent
by a regular suit instituted by one of the parties. . and Willing to be Placed in Possession
5. Authenticity of wills and recognitions how certified: ..
;
9 When heir,' etc., is present but undetermined or incom-
Whenever an executor is formally recognised,under 0 petent, Judge may appoint administrator, to be duly ac-
the rule contained in section 4, the authenticity of the will, if countable when emergency at end :
any, by which he is appointed, shall be proved, and the certifi- Whenever there is no person on the spot entitled and
cate of executorship shall be endorsed thereon. - willing to take charge of the property of a person deceased,
6. Wills and recognitions to be registered : where the right of succession is disputed between two or more
[Rep. Act XII of 1873.] claimants, none of whom has taken possession, or where the
7. heirs are incompetent to the management of their affairs from
First: Recognized heirs, etc., competent to manage
infancy, insanity or other disqualification, and have no near
property: . relations entitled and willing to take charge on their behalf,
An heir, executor or administrator, holding the proper the Judge, within whose jurisdiction such property is, may
certificate, may do all acts and grant all deeds competent to. a appoint an administrator for the management thereof, until
legal heir, executor or administrator: and may sue and obtain the lawful heir, executor or administrator appears, or the right
judgment in any Court in that capacity.
460 The Bombay Regulations The Bombay Re gulatious 461
-~,-~-"--------==~~---
of succession is determined, or the disqualification of the heir Forrh : If no heir appel'lfS, reference to Saar Diwani
is removed, as the case may be when the Judge, en being Adalat, who will, grant lime or or-der sale and proceeds
satisfied of the facts, shall direct the administrator in charge to be deposited :
to deliver over the property to such person, with (l full ac- But, if no person appears and establishes his right, the
count of all receipts and disbursements during the period cf Judge, on the 31st December next after the completion of
his administration. twelve months from the appointment: of the administrator, shall
THl. First: If heir, etc. unknown, administrator f:f'j) he ap- make a report of the circumstances of the case to the Sadr
pointed: Diwani Adalat, accompanied by an inventory. and valuation of
Whenever any person dies intestate, and without known. the property; and it shall be Jawful for the Sadr Diwani Adalat
heirs, leaving property, the Judge, within whose jurisdiction either to direct the property (0 continue for a further period
the property is, shall appoint an administrator for the manage- under the managementof the administrator, or to be sold by
ment thereof, and shall issue a proclamation in the form con- him under the authority of the Court, and the proceeds to be
tained. in Appendix C, calling upon the heir of the deceased or deposited in the public treasury for the eventual benefit of all
any person entitled to receive charge of the property, to at- concerned.]
tend and prefer his claim. 11. Administrators appointed by court to give security and
Second: Proclamation issued and published! ~ to be remunerated at discretion of Judge:
Second: The. proclamation
. h 11 ISb e , . li h d 3[* * *~'J .
s. a e pun Whenever an administrator is appointed by the Judge
and if the deceased was a 4[reasidentJ of any district or country under sections 9 and 10 of this Regulation, he shall, previ-
wi~hout the limits of the Court's jurisdiction, and the property ously to entering upon the execution of his office, give secu-
is of the value of rupees one thousand (1,000) 3[* " '" * J or rity in a sum to be fixed by the Judge for the faithfuldis-
upwards, tlie proclamation shall also be published in the charge of his trust, and he shall be entitled to such remunera-
*
3[* * *J 5[Offidal Gazette}. i:
tion as the Judge may fix for his trouble, but subject to modi-
fication by the Sadr Diwani Adalat, on the complaint of any
Third: Heirs, etc., appearing to be put in possession:
person interested.
If any person appears and satisfies the Judge of his
right to the possession of the property or any part of.it as heir, COl\1MENTS
1. ~ceedings under the Indian Succession Act, 1925 and the
executor, administrator oi: otherwise, it shall be dehvered up
,,i ~ Bombay Regulation VIII of 1827
to him, after deducting the necessary expenses of manage- The Chapter XIV is specially emphasized in the Civil
ment. Manual, issued by the High Court of judicature (Appellate
Side) Bombay for the guidance of the Civil Courts and their
2
S. 10 does not apply to intestate property which is dealt with by a Magistrate subordinate officers, containing para No. 304 to 319 runs as
. under the Bombay District police Act, 1890 (Bom. 4 of 1890!, s. 58 (3). under ...
The words "in the manner prescribed in Reg. IV, A. D. 1827, sectlo~ VIII clause
Proceedings under the Indian Succession Act, 1925 and
3. tenth" the words "local currency" and the words "Bombay Couner or other"
..~ ________________ Bombay Regulation VIII of1827
were ~espectivdy repeaied by the Repealing Act, 1873 (12 of 1.873).
This word was substituted for the word "Native" by the Adaptation of Laws 304, Attention is invited to Government Notification
4. Order, 1950.· " No. 5861, dated the 25th-October, 1890, issued under Section
The words "Official Gazette" were substituted for th: words. Government 26(1) of the Succession Certificate Act (VII to 1889) and
5. news-paper" by the Adaptation of Indian Laws Order 10 Council,
-----~~

2.

printed at page 1259 of the Bombay Local Rules and Orders of any contested ~foceedinp l::lderlhec sU,ccession Act, 1925}
under Central Acts Volume I 19"3 di . which may tranrferred by the ULstnct Judge.
r> , ,.' ••.• , J e inon, under which all
~Ivil Jud?es In this ,State have for the purpose of the said (Mr s . Vera Th acke ts ev vis M'an ekb ai An n as ah eb
~ct,b.een.mvested with the function of a District Court. The Thackers ey, AXJ. 1"977 BOh 4.19)
Notification has also the effect of invest' C"1 r d ' '
tl ~ . ',. mg lVI JU ge with This rule provide all powers ·:;f 0ist .• ict Judge has invested
: 1 •.. power to hear applicatIOns made unde •. Section 2 of to all civil judges Senior Division but that may be transferred
Bombay Regulation, VIII of 1827. to them by the District Judge Civ-l court has no jurisdiction
Although the Succession Certificate Act, 1889, has been to grant any relief. where there is no order of transfer.
:epealed, the,Notification, dated 25th October, 1890, remains (Shri. Shridhar vis. Shri. Sliivram, 1997 vol. 99 (3) Bom
~~:~rce by virtue of Section 24 of the General Clauses Act, LR 744)
306. The attention of all judges is invited to the
. Applications under section 2 of Regulation VIII of 1827 provisions of Section 291 of the Indian Succession Act, 1925.
can be entertained be Civil Judges directly or when Thejudges should always take security before granting letters
tra~sfe~ed to them by the District Judges, of administration so that any failure to comply with the
30~,. (1) Under section 265 of the Indian Succession Act requirements of that section may not lead to unfortunate
1925, the High Court has appointed all Civil Judges t~ results,
act for the District Jud~as delegates to grant probate In every application for the grant of limited letters of
and letters of administration in non-contentious cases administration Duraute Minore harante, the applicant should
arising within the local limits of their respective state the minor's age, such a statement shall be verified by
jurisdiction. . . an affidavit.
(ii) I
n exercise of the powers conferred by Section 28-
. r 3(n. The stamp duty for certificates issued under the
A(I) ~f the Bombay Civil Courts Act (XIV of 1869), Thdian Succession Act, 1925, should be levied on the market
the High Court has invested all Civil Judges (Senior value of the properties and not on the face value. Before
Division), with all the powers of a District Judge to issuing the certificate, the judge should ascertain what the
take cognizance of any contested proceeding under market value of the properties is and recover the duty on
IndianSuccession Act, 1925, arising within the local such value. He should for this purpose insist on a affidavit
limits of their respective jurisdiction that may be and make such other enquiry as may be necessary, The
transferred to them by their respective DistrictJ'udges. certificates should be issued in the form set forth in Schedule
(iii) In exercise of the powers conferred by Section 28-A VITI of the Act. The lastcolurnn of the form should be correctly
(1) of the Bombay Civil Courts Act (XIV of 1869), the Iledin,:>
High Court has invested all Civil Judges (Junior 308. Probate Duty should always be taken in toe form
Division) with all the powers of a District Judge in the
~ Court Fee Stamps, The Courts should not under any
matter of issuing Succession Certificate limited to circumstances accept cash in payment of such duty,'\
debts and securities' to the extent of their pecuniary 309. Before passing an order for the grant orLetters
jurisdiction. of Administration, probates and the like, the. Judge should,
Notes when necessary, require the production of the certificate of
A 'District Judge' means the judge of a Civil Court of' the controller of Estate Duty, as required by section 56 of the
original jurisdiction as defined in 2 (66) of the Bombay Ci~V'1 Estate Duty Act, 1953.
Courts Act. A Civil Judge (Senior Division) has been invest 310. Certain forms which have been drown up for use
with all the powers of the District Judge to take cognizanc under the Indian Succession Act, XXXIX of 1925, are given
464 The Bombay Reguiations The Bombay Regulations
ill pages 97 and 98 of Volume II of the Civil Manual. D
3D. Notwithstanding any provisions to the contrary istrict Judge.
in Bombay Regulation VIII of 1827, certain provisions of part
Civil.
X of the Indian Succession Act, 1925, are, by Section 390 of
that Act, made applicable to applications for certificates and Dated.
314. When an administrator is appointed under
C,~:~~~~s granted under the said Regulation.
Section 10 of Regulation VIII of 1827, a proclamation in the
\.L~~' The following note should be appended to
Form contained in Appendix C of the said Regulation shal!
certillCates given under Bombay Regulation No. VIII of 1827:-
be prepared by the Nazir and issued under the signature and
( "The person, to whom this certificate is granted, or his
seal of the Judge.
representative, is required, within six months from the date
315. Whenever an administrator is appointed under
of this certificate, or within such further time as the Court
ma.y from time to time appoint, to exhibit in Court a full and the aforesaid section 10, he shall, before entering upon the
true inventory of alf the property and credits in his possession execution of his office, give security in a sum to be fixed by
under this certificate, and also, within one year from the same the Judge for the faithful discharge of his trust as an
date or within such further time as the Court may from time administrator.
to time appoint, to render to the Court a true account of the 316. The Nazir, or any other person who is appointed
said property and credits, showing the assets which have an administrator of intestate property under Regulation VIII
COme to his hands and the manner in which they have been of 1827 shall receive no remuneration either until the estate is
applied or disposed of'. ) made over to a claimant under clause (3) or until it is sold and
313. The following form may be used for an order to a proceeds are deposited in the Public Treasury under clause
person to whom a certificate has been granted or to his (4) of Section 10 of the said Regulation. When he parts with
representative, to render accounts, etc. :- the custody of the intestate property ill either of these ways
Application No .................. of ................ in the District Court of he may be allowed by the Judge a fee not exceeding 5 per
.......... residing at .................. Taluka ................... District is hereby cent on the value of the property which he gives up, subject
informed that whereas the certificate under Bombay to the modification of the High Court on the complaint of any
Regulation VIII of 1827 has been granted to you by this court person interested:
on ......................... 19 ................................. on your said application Provided that, the District Judge may in his discretion
No ........................ of 19 ......................... and whereas you have not and subject to the previous sanction of the High Court allow
exhibited in Court within the prescribed periods a full and remuneration to an administrator who has been in charge of
true inventory of all the property and credits in our possession the estate for several years and who is required to retire before
or a true account of the said property and credits shOwing the proceedings are terminated.
the assets, which have been applied or disposed of, as 317. Whenever any Magistrate is of opinion that
required by the foot-note appended to the said certificate, property of inte states without known heirs should be sent
you are hereby required to produce the said inventory and to the District Court, he should report direct to the Judge, in
true account in this court on ................................. 19 ....................... . the Form prescribed below in this Chapter, who in the event
of his concurring with the Magistrate, will order the Nazir at
If you fail to do this, will be liable to punishment under
once to take possession, or, in the even! of his differing, will
section 176 of the Indian Penal Code, in accordance with
Sections 317 and 390 of theIndian Succession Act, XXXIX direct the property to be returned, or left with the party having
of 1925. original possession. [See also Section 84, Bombay Police
Act, 1951 (Bombay ActXXIIofl951)).
318. All expenses attendant of the issue of a
466 The Bombay R.~gulations
The Bombay Regulations 467

proclamation regarding intestate property under Regulation


(3) The information giver, in the papers before me
VIII of 1827, Section 10, shall be paid out of the estate of the
intestate. regarding the deceased and the persons who may
presumably be interested in the property, is summarized
. 3J.9. An annual return of property of persons dying below.
J~testate and without known heirs should be sent to the High
(4) T recommend that the usual proclamation may be
Court In the form prescribed On page 265 of Chapter xxxvm
?O Returns and printed at page 64 in Appendix H of Volume posted at the following places, namely,
J.L
Yours faithfully.
Form of report referred to in paragraph 337 above.
Dated
No." ......... " .... " of 19 ........ Appendix A to le.tter No.
From
The Magistrate.
Schedule of Intestate Property
To,
The District Judge.
I. Property dealt with under Section 85 cf Bombay Police
Camp Act XXII of 1951 ::
Date
Sir,
Description of property Value realised Date ofSa!e
I have received a report form
full Name Under section 83 of the Bombav Act XXII of 195 i
I. Livestock (Particulars)
Section 19 of the Bombay Village Police Act, 1867.
Age /- Other property (particulars)
Religion that the person specified in the margin has died
in Town 'loti!
Last adrcss in Taluka leaving property as
per Schedule hereto annexed (Appendix -A) 2. Property not dealt "lith under Section 85 of the said Act:
Other property.
(Extract of Para (2) of form of report referred to' in Paragraph
337 above.] Item Descnption Estimated value Remarks

(2) It appears to me that the deceased has died intestate 2 Amount of Compensation-
and without known heirs, and that the property is likely, . Succession certificate- Necessity of-Amount of
if sold by public auction, to realise more than 400 Compensation - Claim for payment of amount- Person filling
Rupees net proceeds. I have, therefore, the honour, application of their names in first appeal against reference
under Section 84 of the Bombay Police Act, 1951 order is not necessary to file succession certificate. (Ramkali
(Bombay Act XXII 1951). to request that you will take & Ors. Vis. State U.P. & Ors. 2007 LAC 1).
steps to deal with the property under the provision of
Section 10 of Regulation Vili of 1827.
Schedule of Intestate Property.
1. Property dealt with under Section 85 of the Bombay
Police Act, 1951 (Bombay Act, XXII ofI951). .