Heirship Certificate are issued under the Bombay Regulation VIII of 1827. The regulation is framed for recognition of Heirship. In fact after the death of a person his/her heirs can manage the movable or immovable properties of the deceased. However if the heirs request for the Heirship Certificate, the procedure required in this Act needs to be followed.
A person may obtain an Heirship Certificate in any of the three situations:
1. If so desires
2. Where his right as an heir is disputed
3. In order to create confidence regarding the rights of the person in possession of or in debt to the estate and to deal with them.
By issuance of an Heirship certificate, no Title to the property is decided and only recognition of heirs of the deceased is given by the certificate. This certificate is for the convenience of the heirs and beyond that it is of no significance.
In our next article we will go through the provisions regarding revocation of the Legal Heirship Certificate.