F;;ji't k

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Repealed in part, by Act 12 of 1873.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
deceased, or when the right of
succession is disputed between
two or more claimants, none of whom has taken possession
or where the heirs are incompetent to the management of
their aftairs and have no near relations entitled and willing to
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
management of the estate; the following rules are therefore
enacted 1(* ,~ * * '~J
Bom. Reg. 8 of 1827 was declared by the Laws Local
Extent Act, 1874 (15 of 1874), s. 5, to be in force in the whole
of the State of Bombay except as regards the Scheduled Dis-
tricts, i.e., the villages belonging to the following Mehwassi
Chiefs:
(l) The Parvi of Kathi.
(2) The Parvi of Nal.
(3) The Parvi of Sing pur
(4) The Walwi of Gaohalli.
(5) The Wassawa of Chikhli.
(6) The Parvi of Nawalpur.,
As to Court-fees on certificates granted under this
Regulation, see clause (viii) of s. 10, and article I2A of Sch, I
of the Court-fees Act, 1870 (7 of 1870).
As to the application of certain provisions of the Indian
Succession Act, 1925 (39 of 1925), to certificates gran ted
under this Regulation, to applications made for such certifi-
cates and to tbe exhibition of inventories and accounts by
holders of such certificates, see s. 390 of Act 39 of 1925.
The grant of probate or letters of administration under
the Indian Succession Act, 1925 (39 of 1925), in respect of an
estate supersedes any certificate previously granted under Part
X of the said Act or under the Succession Certificate Act,
1889 or Bombay Regulation No. VIII of 1827, in respect of
---~----------------------------------~
~~~
The words "to take effect from such date ~5 sball be prescribed in a Regulation
to he here~fter passed for that purpose" were repealed by the Repealing Act,
1873 (12 of 1873).
The Bombay Regulations 457
any debts or securities n.r i.ided ir: the estetr., see sec. 215 of
Act 39 of 1925., (
As to grant of certificate under the Irdian Succession
Act. 1925 (39 of 1925), on production of a certificate granted
under this Regulation, set, s. 214 of that Au.
Chapter j
Rules for the Recognition of Heirs, Executors and
Administrators when there is a Competent Clamant
( 1. Legal heir, etc., of person deceased competent to rep-
resent him without recognition from court :
./" Whenever a person dies leaving property, whether move-
abk<rr immovable, the heir or executor, or legal administra-
tor, may assume the management, or sue for the recovery, of
the property, in conformity with the law or usage applicable to
the disposal of the said property, without making any previous
application to the Court to be formally recognized.)
First. But if such recognition requested, proclamation
wilJ...t>e issued :
"'- But if an heir, executor or administrator-is desirous of
having his right formally recognized by the Court, for the pur-
pose of rendering it more safe for persons in possession of, or
indebted to, the estate to acknowledge and deal with him, the
Judge, on application, shall issue a proclamation, in the fOrm!
contained in Appendix A, inviting all persons who dispute the
right of the applicant to appear in the Court within one month
from the date of the proclamation and enter their objections,
and declaring that, if no sufficient objection is offered, the
Judge will proceed to receive proof of the right of the appli-
cant, and, if satisfied, grant him a certificate of heirship, ex-
ecutorship or a~mi~istralorship.) .
Second. Publication of proclamation:
(Rep. Act. XII of 1873.J
If no objection appears, recognition to be granted
. If, at the expiration of the time mentioned in the procla-
 458 The Bombay Regulations
marion, no sufficient objection has been made, the Court ShaH)'
forthwith receive such proof as may be offered of the right of
the person making the claim, and, if satisfied, shall grant a
certificate in the form contained in Appendix B, declaring him
the recognized heir, executor or administrator of the deceased.
.:S. First : Objection appearing to be examined and recog-
nition given or refused accordingly :
If, before the expiration of the time, any objection is
made to the right of the person claiming as heir, executor or
administrator, the Judge, on a day to be fixed (of which at
least eight days' previous notice shall be given to the parties),
shall summarily investigate the grounds of the objections on
the one hand, and of the right claimed on the other, examining
such witnesses or other evidence as may be adduced by the
parties, and either grant or refuse a certificate, as the circum-
stances of the case may require.
Second: if question is complicated 01:' difficult, matter
to be left foil' adjudication:
But if from the evidence adduced, it appears that the
question at issue between the parties is of a com?lica~ed or
difficult nature, the Judge may suspend proceedings III the
application for a certificate until the question has been tried
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:
Whenever an executor is formally recognised,under
the rule contained in section 4, the authenticity of the will, if
any, by which he is appointed, shall be proved, and the certifi-
cate of executorship shall be endorsed thereon.
6. Wills and recognitions to be registered :
[Rep. Act XII of 1873.]
7.
First: Recognized heirs, etc., competent to manage
property: . relations entitled and willing to take charge on their behalf,
An heir, executor or administrator, holding the proper
certificate, may do all acts and grant all deeds competent to. a
legal heir, executor or administrator: and may sue and obtain
judgment in any Court in that capacity.
The Bornbav Regulations l!.59
.... ~--. ~.~
S~(:(jmi.; Eu;' recognitiou gives no title 'to property :
Bi;1, as the certificate confers no right to the property,
but only indicates the person who, for the time being, is in the
legal management thereof, the granting of such certificate shall
not finally determine nor injure the rights of any person: and
the certificate shall be annulled by the Zila Court, upon proof
that another person has a preferable right.
Tfffiilrd:: No relief fW!01! responsibjlity to claimants :
An heir, executor or administrator, holding a certificate,
shall he accountable for his acts done in that capacity to all
persons having an interest in the property, in the same man-
ner as if no certificate bad been granted.
Refusal of a recognition no judgement against claim of
applicant:
The refusal of a certificate by the Judge shall not fi-
nally determine the rights of the person whose application is
refused, but it shall still be competent to him to institute a suit
for the purpose of establishing his claim.
Chapter Il
Of the Appointment of an Administrator by the Zila
Court, when there is no Heir or Executor Competent
..
;
9 When heir,' etc., is present but undetermined or incom-
0 petent, Judge may appoint administrator, to be duly ac-
countable when emergency at end :
Whenever there is no person on the spot entitled and
- willing to take charge of the property of a person deceased,
where the right of succession is disputed between two or more
claimants, none of whom has taken possession, or where the
heirs are incompetent to the management of their affairs from
infancy, insanity or other disqualification, and have no near
the Judge, within whose jurisdiction such property is, may
appoint an administrator for the management thereof, until
the lawful heir, executor or administrator appears, or the right
460 The Bombay Regulations
-~,-~-"--------==~~---
of succession is determined, or the disqualification of the heir
is removed, as the case may be when the Judge, en being
satisfied of the facts, shall direct the administrator in charge
to deliver over the property to such person, with (l full ac-
count of all receipts and disbursements during the period cf
his administration.
THl. First: If heir, etc. unknown, administrator f:f'j) he ap-
pointed:
Whenever any person dies intestate, and without known.
heirs, leaving property, the Judge, within whose jurisdiction
the property is, shall appoint an administrator for the manage-
ment thereof, and shall issue a proclamation in the form con-
tained. in Appendix C, calling upon the heir of the deceased or
any person entitled to receive charge of the property, to at-
tend and prefer his claim.
Second: Proclamation issued and published! ~
Second: The. proclamation
. h 11 ISb e , . li h d 3[* * *~'J .
s. a e pun
and if the deceased was a 4[reasidentJ of any district or country
wi~hout the limits of the Court's jurisdiction, and the property
is of the value of rupees one thousand (1,000) 3[* " '" * J or
upwards, tlie proclamation shall also be published in the
*
3[* * *J 5[Offidal Gazette}.
Third: Heirs, etc., appearing to be put in possession:
If any person appears and satisfies the Judge of his
right to the possession of the property or any part of.it as heir,
executor, administrator oi: otherwise, it shall be dehvered up
to him, after deducting the necessary expenses of manage-
ment.
2
S. 10 does not apply to intestate property which is dealt with by a Magistrate
. under the Bombay District police Act, 1890 (Bom. 4 of 1890!, s. 58 (3).
The words "in the manner prescribed in Reg. IV, A. D. 1827, sectlo~ VIII clause
3. tenth" the words "local currency" and the words "Bombay Couner or other"
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
4. Order, 1950.· " No. 5861, dated the 25th-October, 1890, issued under Section
The words "Official Gazette" were substituted for th: words. Government
5. news-paper" by the Adaptation of Indian Laws Order 10 Council,
The Bombay Re gulatious 461
Forrh : If no heir appel'lfS, reference to Saar Diwani
Adalat, who will, grant lime or or-der sale and proceeds
to be deposited :
But, if no person appears and establishes his right, the
Judge, on the 31st December next after the completion of
twelve months from the appointment: of the administrator, shall
make a report of the circumstances of the case to the Sadr
Diwani Adalat, accompanied by an inventory. and valuation of
the property; and it shall be Jawful for the Sadr Diwani Adalat
either to direct the property (0 continue for a further period
under the managementof the administrator, or to be sold by
him under the authority of the Court, and the proceeds to be
deposited in the public treasury for the eventual benefit of all
concerned.]
11. Administrators appointed by court to give security and
to be remunerated at discretion of Judge:
Whenever an administrator is appointed by the Judge
under sections 9 and 10 of this Regulation, he shall, previ-
ously to entering upon the execution of his office, give secu-
rity in a sum to be fixed by the Judge for the faithfuldis-
charge of his trust, and he shall be entitled to such remunera-
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
person interested.
COl\1MENTS
1. ~ceedings under the Indian Succession Act, 1925 and the
,,i ~ Bombay Regulation VIII of 1827
The Chapter XIV is specially emphasized in the Civil
Manual, issued by the High Court of judicature (Appellate
Side) Bombay for the guidance of the Civil Courts and their
subordinate officers, containing para No. 304 to 319 runs as
under ...
Proceedings under the Indian Succession Act, 1925 and
..~ ________________ Bombay Regulation VIII of1827
304, Attention is invited to Government Notification
26(1) of the Succession Certificate Act (VII to 1889) and

2.
printed at page 1259 of the Bombay Local Rules and Orders
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
~ct,b.een.mvested with the function of a District Court. The
Notification has also the effect of invest' C"1 r d ' '
tl ~ . ',. mg lVI JU ge with
: 1 •.. power to hear applicatIOns made unde •. Section 2 of
Bombay Regulation, VIII of 1827.
Although the Succession Certificate Act, 1889, has been
:epealed, the,Notification, dated 25th October, 1890, remains
~~:~rce by virtue of Section 24 of the General Clauses Act,
. Applications under section 2 of Regulation VIII of 1827
can be entertained be Civil Judges directly or when
tra~sfe~ed to them by the District Judges,
30~,. (1) Under section 265 of the Indian Succession Act
1925, the High Court has appointed all Civil Judges t~
act for the District Jud~as delegates to grant probate
and letters of administration in non-contentious cases
arising within the local limits of their respective
jurisdiction. . . an affidavit.
(ii) I
n exercise of the powers conferred by Section 28-
. r
A(I) ~f the Bombay Civil Courts Act (XIV of 1869),
the High Court has invested all Civil Judges (Senior
Division), with all the powers of a District Judge to
take cognizance of any contested proceeding under
IndianSuccession Act, 1925, arising within the local
limits of their respective jurisdiction that may be
transferred to them by their respective DistrictJ'udges.
(iii) In exercise of the powers conferred by Section 28-A
(1) of the Bombay Civil Courts Act (XIV of 1869), the
High Court has invested all Civil Judges (Junior
Division) with all the powers of a District Judge in the
matter of issuing Succession Certificate limited to
debts and securities' to the extent of their pecuniary
jurisdiction.
Notes
A 'District Judge' means the judge of a Civil Court of'
original jurisdiction as defined in 2 (66) of the Bombay Ci~V'1
Courts Act. A Civil Judge (Senior Division) has been invest
with all the powers of the District Judge to take cognizanc
-----~~
of any contested ~foceedinp l::lderlhec sU,ccession Act, 1925}
(Mr s . Vera Th acke ts ev vis M'an ekb ai An n as ah eb
Thackers ey, AXJ. 1"977 BOh 4.19)
This rule provide all powers ·:;f 0ist .• ict Judge has invested
to all civil judges Senior Division but that may be transferred
to them by the District Judge Civ-l court has no jurisdiction
to grant any relief. where there is no order of transfer.
(Shri. Shridhar vis. Shri. Sliivram, 1997 vol. 99 (3) Bom
LR 744)
306. The attention of all judges is invited to the
provisions of Section 291 of the Indian Succession Act, 1925.
Thejudges should always take security before granting letters
of administration so that any failure to comply with the
requirements of that section may not lead to unfortunate
results,
In every application for the grant of limited letters of
administration Duraute Minore harante, the applicant should
state the minor's age, such a statement shall be verified by
3(n. The stamp duty for certificates issued under the
Thdian Succession Act, 1925, should be levied on the market
value of the properties and not on the face value. Before
issuing the certificate, the judge should ascertain what the
market value of the properties is and recover the duty on
such value. He should for this purpose insist on a affidavit
and make such other enquiry as may be necessary, The
certificates should be issued in the form set forth in Schedule
VITI of the Act. The lastcolurnn of the form should be correctly
Iledin,:>
308. Probate Duty should always be taken in toe form
~ Court Fee Stamps, The Courts should not under any
circumstances accept cash in payment of such duty,'\
309. Before passing an order for the grant orLetters
of Administration, probates and the like, the. Judge should,
when necessary, require the production of the certificate of
the controller of Estate Duty, as required by section 56 of the
Estate Duty Act, 1953.
310. Certain forms which have been drown up for use
under the Indian Succession Act, XXXIX of 1925, are given
464 The Bombay Reguiations
ill pages 97 and 98 of Volume II of the Civil Manual.
3D. Notwithstanding any provisions to the contrary
in Bombay Regulation VIII of 1827, certain provisions of part
X of the Indian Succession Act, 1925, are, by Section 390 of
that Act, made applicable to applications for certificates and
C,~:~~~~s granted under the said Regulation.
\.L~~' The following note should be appended to
certillCates given under Bombay Regulation No. VIII of 1827:-
( "The person, to whom this certificate is granted, or his
representative, is required, within six months from the date
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
true inventory of alf the property and credits in his possession
under this certificate, and also, within one year from the same
date or within such further time as the Court may from time
to time appoint, to render to the Court a true account of the
said property and credits, showing the assets which have
COme to his hands and the manner in which they have been
applied or disposed of'. )
313. The following form may be used for an order to a
person to whom a certificate has been granted or to his
representative, to render accounts, etc. :-
Application No .................. of ................ in the District Court of
.......... residing at .................. Taluka ................... District is hereby
informed that whereas the certificate under Bombay
Regulation VIII of 1827 has been granted to you by this court
on ......................... 19 ................................. on your said application
No ........................ of 19 ......................... and whereas you have not
exhibited in Court within the prescribed periods a full and
true inventory of all the property and credits in our possession
or a true account of the said property and credits shOwing
the assets, which have been applied or disposed of, as
required by the foot-note appended to the said certificate,
you are hereby required to produce the said inventory and
true account in this court on ................................. 19 ....................... .
If you fail to do this, will be liable to punishment under
section 176 of the Indian Penal Code, in accordance with
Sections 317 and 390 of theIndian Succession Act, XXXIX
of 1925.
The Bombay Regulations
D
istrict Judge.
Civil.
Dated.
314. When an administrator is appointed under
Section 10 of Regulation VIII of 1827, a proclamation in the
Form contained in Appendix C of the said Regulation shal!
be prepared by the Nazir and issued under the signature and
seal of the Judge.
315. Whenever an administrator is appointed under
the aforesaid section 10, he shall, before entering upon the
execution of his office, give security in a sum to be fixed by
the Judge for the faithful discharge of his trust as an
administrator.
316. The Nazir, or any other person who is appointed
an administrator of intestate property under Regulation VIII
of 1827 shall receive no remuneration either until the estate is
made over to a claimant under clause (3) or until it is sold and
proceeds are deposited in the Public Treasury under clause
(4) of Section 10 of the said Regulation. When he parts with
the custody of the intestate property ill either of these ways
he may be allowed by the Judge a fee not exceeding 5 per
cent on the value of the property which he gives up, subject
to the modification of the High Court on the complaint of any
person interested:
Provided that, the District Judge may in his discretion
and subject to the previous sanction of the High Court allow
remuneration to an administrator who has been in charge of
the estate for several years and who is required to retire before
the proceedings are terminated.
317. Whenever any Magistrate is of opinion that
property of inte states without known heirs should be sent
to the District Court, he should report direct to the Judge, in
the Form prescribed below in this Chapter, who in the event
of his concurring with the Magistrate, will order the Nazir at
once to take possession, or, in the even! of his differing, will
direct the property to be returned, or left with the party having
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). .