Maria Rita Moraes v. Francis Xavier Moraes (Deceased)

937-MPT158-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 158 OF 2016 Maria Rita Moraes

...Petitioner

And Francis Xavier Moraes ...Deceased Mr. S.U. Lakdawala, i/b Mr. N.J. D'Monte, for the Petitioner. CORAM: G.S. PATEL, J DATED:

21st December 2016 PC:- 1.

Accepted. The Petitioner, a 60-year-old widow of the deceased, Francis Xavier Moraes, is the only heir. Hence, proclamation dispensed with. The Petition is made returnable forthwith and taken up for hearing and final disposal. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Francis Xavier Moraes, who is said to have died intestate in Kuwait on 9th November 2015. He was a permanent resident of Mumbai. He worked in Kuwait as a Sports Editor of a newspaper known as Kuwait Times. A copy of his death certificate is annexed. The Petitioner is the only surviving legal heir of the deceased. 21st December 2016

937-MPT158-16.DOC 3.

The Legal Heirship Certificate is required for submission to the employer for payment of terminal dues.

4.

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.

5.

The petition is made absolute in terms of prayer clause (a) in favour of the Petitioner.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 21st December 2016