Jaffrey Rodrigues Dias v. Rodigues Savier Dias (Deceased)

16-MPTL1033-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION (L) NO. 1033 OF 2018 Rodrigues Savier Dias ...Deceased Jeffrey Rodrigues Dias

...Petitioner

Mr Rohan Sawant, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

3rd April 2018 PC:- 1.

Accepted.

2.

The deceased had three heirs. The Petitioner is one of the three sons. The other two sons have filed their Consent Affidavits. Hence, proclamation dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 3.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Rodrigues Savier Dias, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 26th June 2016. A copy of his death certificate is annexed. The deceased was survived by three 3rd April 2018

16-MPTL1033-18.DOC sons. Their names are mentioned in the tabulation below paragraph 4 of the petition.

4.

The Legal Heirship Certificate is required for submission to MHADA/MMRDA/SRA authorities to transfer the premises, being Room No.364, Guru Datta Koli Samaj, Fisherman Colony, Behind Building No.22, Ramgad, Mahim (W), Mumbai 400 016, which stood in the name of the deceased.

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, Melwyn Rodrigues Dias, Jeffrey Rodrigues Dias and Donald Rodrigues Dias.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 3rd April 2018