Dsouza Cecilia Magdeline v. Dsouza Thereza Alias Dsouza Theresa Alias Dsouza Triza (Deceased)
Case brief
What is this about?
Legal Heirship Certificate; Section 2, Bombay Regulation VIII of 1827; intestate succession; Hindu Succession Act, 1956 heirs; condonation of delay in filing petition; dispensation of proclamation; Testamentary and Intestate Jurisdiction, High Court of Judicature at Bombay; Miscellaneous Petition No. 402 of 2024 (20-MPT 402-24.doc); Arif S. Doctor, Judge; deceased Dsouza Thereza alias Dsouza Theresa alias Dsouza Triza, died New York 20.02.2007; petitioner Dsouza Cecilia Magdeline; Advocates Yogesh Panchal and Mayur Panchal.
What did the court decide?
Prayer clause (a): delay in filing the Petition condoned. Prayer clause (b): Legal Heirship Certificate to be issued under Bombay Regulation Act VIII of 1827 certifying the Petitioner (Dsouza Cecilia Magdeline) along with the heirs mentioned in Paragraph 4 as the only heirs and legal representatives of the deceased; the Registry to issue the Certificate in its standard format and issuance of proclamation dispensed with. The Miscellaneous Petition was accordingly disposed of.