Under the Bombay Regulation VIII of 1827, if an heir, an executor of a Will or legal administrator of the estate of a Deceased person, requires his right to be formally recognised, he can apply for an Heirship Certificate.

The Bombay High Court observed that taking a Heirship Certificate is "clearly optional" and that such an option is with the heir.

The purpose of an Heirship Certificate is set out in clauses 1 and 2 i.e. to make it safer for persons in possession of or indebted to the estate to deal with an heir, executor or an administrator.

The Heirship certificate does not declare the holder as heir, an heir will have to file a civil suit in a civil court for the purposes of seeking declaration that he is an heir. The grant of Heirship certificate is solely for the convenience of the heir. It has been held that the Heirship certificate is not even prima facie evidence that the holder is a rightful heir of the Deceased.