Section 390: Provisions with respect to certificates under Bombay Regulation VIII of 1827

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 390

Section 390 preserves and regulates the operation of heirship certificates granted under Bombay Regulation VIII of 1827, assimilating them to succession certificates under the Act.

  • Territorial Applicability to Western India: Applies to certificates of heirship, administration, or executorship granted under Bombay Regulation VIII of 1827 in Maharashtra and Gujarat.
  • Assimilation to Succession Certificates: Certificates granted under the Regulation are endowed with the identical statutory effect, protection to debtors, and revocation procedures as certificates under Part X of the Act.
  • Continued Validity of Regional Practice: Preserves the summary regional procedure for establishing legal heirship while maintaining uniformity in succession administration across India.
Key Landmark Precedents:
  • Babubhai v. Bai Hiragavri, AIR 1951 Bom 247: Chagla CJ held that an heirship certificate under Bombay Regulation VIII of 1827 does not establish title to property, but under Section 390 operates to give a valid discharge to debtors.
  • Kusum v. Vithal, (1993) 1 Mah LJ 635: The Bombay High Court held that an application under Bombay Regulation VIII of 1827 is summary, and by virtue of Section 390, the provisions of Part X governing succession certificates apply mutatis mutandis.
Courtroom Practice & Strategic Litigation Guidance:

In Maharashtra and Gujarat courts, practitioners seeking summary recognition of legal heirship for movable asset claims may utilize Bombay Regulation VIII of 1827, relying on Section 390 to confer full statutory protection on corporate and banking debtors.