Allowed

Avekino Antonio Clara D Souza v. Clara Antonio D Souza (Deceased)

Bombay HC9 Oct 2024MPT/451/2024

Case brief

AI extract

What is this about?

Petition under Section 2 of Bombay Regulation VIII of 1827 sought a heirship certificate for a deceased mother who died intestate in 2010, needed to claim tenancy rights. Other legal heirs consented by affidavit. The court allowed the amended petition and directed issuance of the heirship certificate.

What did the court decide?

Heirship certificate ordered to be issued certifying the three heirs named in the petition as legal representatives of the deceased; grant expedited.

Avekino Antonio Clara D Souza vs Clara Antonio D… — Succession and Inheritance | Bombay HC (2024)

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23-MPT(L)-30432-2023 (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 09.10.2024.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISC PETITION (L) NO. 30432 OF 2023

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Avelino Antonio Clara D Souza ...Petitioner Versus Clara Antonio D Souza ...Respondent

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Mr. Ketan Joshi Advocate for the Petitioner.

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ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.10.1413:40:50 +0530

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CORAM : N. J. JAMADAR, J. DATE : 27^th AUGUST 2024

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PC.:

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Heard the learned Counsel for the Petitioner.

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At the outset, the learned Counsel for the petitioner seeks

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leave to amend the petition so as to include all the legal heirs of the deceased in the prayer clause.

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Leave granted.

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Necessary amendment be carried out within a period of one week. Re-verification dispensed with.

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This petition is filed for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827.

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Clara Antonio D’Souza (the deceased), was the mother of

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1 of 3

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D.A.ETHAPE

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23-MPT(L)-30432-2023 (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 09.10.2024.

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the petitioner. The deceased passed away on 27^th March 2010. At the time of her death, she had a fixed place of abode at 39/15, B.D.D. Chawl, G. M. Bhosale Road, Worli, Mumbai.

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In the petition it is averred that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased has left behind Antonio D’Souza, her husband, the petitioner, and Kriston D'souza, another son, the particulars of whom are furnished at serial Nos.1 to 3 in the table at paragraph No.5 of the petition. It is averred that there is no other legal heir. The heirship certificate is required to lay claim over the tenancy right in respect of the property described in paragraph No.7 of the petition.

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I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioner. The petitioner, Antonio D’Souza, the husband, and Kriston D'souza, another son, appear to be the surviving legal representatives of the deceased. Antonio D’Souza, the husband of the deceased, and Kriston D'souza, another son of the deceased, have filed affidavits giving their consent for grant of heirship certificate. Thus, I do not find any impediment in

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2 of 3

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D.A.ETHAPE

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23-MPT(L)-30432-2023 (OS).doc

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This Order is modified/corrected by Speaking to Minutes Order dated 09.10.2024.

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granting the heirship certificate.

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Hence the following order:

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ORDER

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(i) Petition stands allowed in terms of amended prayer

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clause (a).

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(ii) The heirship certificate be issued certifying that the heirs mentioned at serial No.1 to 3 in the table at paragraph

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No.5 are the legal representatives of the deceased.

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(iii) Proclamation dispensed with.

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(iv) Grant of heirship certificate is expedited.

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3 of 3

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D.A.ETHAPE

Avekino Antonio Clara D Souza v. Clara Antonio D Souza (Deceased)

Case brief

What is this about?

What did the court decide?

Avekino Antonio Clara D Souza v. Clara Antonio D Souza (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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