Judith Gonsalves v. Rosaline Gonsalves (Deceased)

945-MPT117-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 117 OF 2017 Judith Gonsalves

...Petitioner

And Rosalint Gonsalves ...Deceased Mr BG Saraf, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

The Petition was accepted on 6th November 2017 and proclamation was ordered to be issued. There is an Affidavit of Service. None have come forward to oppose.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Rosalint Gonsalves, who is said to have died intestate in Thane, where she was ordinarily resident, on 29th April 2009, but left property at Mumbai. A copy of her death certificate is annexed. The deceased was survived by a daughter and two grand daughters. Her daughter passed away on 19th September 2010. One of the two grand daughters has filed this Petition. The other heirs of the deceased died before her. The deceased had no son(s). The deceased's daughter pre-deceased her.

1st March 2018

945-MPT117-17.DOC 3.

The deceased was a tenant of MHADA Bldg No. P, LJ Road, Mahim, Mumbai 400 016.

4.

The Legal Heirship Certificate is required for production before MHADA.

5.

No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Genevieve Gonsalves and Judith Gonsalves. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 1st March 2018