Petitioner, mother of deceased, filed prayer for heirship certificate under Bombay Regulation Act VIII of 1827. Court accepted consent affidavits of legal heirs and dispensed with proclamation. Order granted heirship certificate.
Heirship certificate directed to be issued expeditiously.
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9-MPT155.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC.PETITION NO. 155 OF 2018
Bosco Anthony Gomes ….. Deceased Philomena Xavier Gomes ….. Petitioner
Mr.Brijesh J. Gupta, a/w. Mr.Hitesh S.Pailwan for the Petitioner.
CORAM : R.D. DHANUKA, J. DATE : 22nd DECEMBER, 2018
P.C .
By this Miscellaneous Petition, the petitioner who is mother of the deceased prays for grant of heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827. The deceased Mr.Bosco Anthony Gomes expired on 6th March, 2016. A copy of the death certificate is annexed to the petition. It is stated in the petition that the deceased died intestate leaving behind no testamentary writing or a Will. The deceased died left no other heirs save and except whose names are mentioned in paragraph (4) of the petition. There are no next of kin left by the deceased.
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9-MPT155.18
accepted. The proclamation is dispensed with. The petitioner has made out a case for grant of relief in terms of prayer clauses (a) and (b).
[R.D. DHANUKA, J.]
1 issue framed by the court
Whether the petitioner is entitled to an heirship certificate under section 2 of the Bombay Regulation Act VIII of 1827 in the absence of a will.
1 provisions across 1 enactments
Philomena Xavier Gomes
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
