Nellie Pinto Samuel And ANR v. John Ratnam Boujanku Samuel (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2022.12.05 17:51:41 +0530 MUGDHA M PARANJAPE 1 24-MPT 150-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.150 OF 2022 John Ratnam Boujanku Samuel ... Deceased Nellie Pinto Samuel & Anr.

... Petitioners ----- Ms. Sneha Panchmukh, Ms. Dimple K., Ms. Deepa Mani i/by D. M. Legal Ventures for the Petitioners.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

05TH DECEMBER 2022 P.C. :

1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased John Ratnam Boujanku Samuel ('the said deceased'), who is said to have died intestate in Mumbai on 05/07/2020. A copy of the death certificate of John Ratnam Boujanku Samuel is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai. 2.

The Legal Heirship Certificate is required for the purpose of transfer of the assets of the said deceased standing in the name of UBS Financial Services Inc. in USA. The said deceased left behind him the following persons as

2 24-MPT 150-22.doc his only heirs and next of kin according to the Indian Succession Act, 1925, who are residing at the following address :- Sr.

Name and address of the legal heirs and next-ofAge Relationship with No.

kin of the deceased above named the deceased 1.

Nellie Pinto Samuel Wife Flat No.501, Odyssey-2, Hiranandani Gardens, Powai, Mumbai - 400 076, Maharashtra.

2.

Siyona Boujanku Samuel Daughter Flat No.501, Odyssey-2, Hiranandani Gardens, Powai, Mumbai - 400 076, Maharashtra.

3.

No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 4.

The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "(a) This Hon'ble Court be pleased to issue/grant Legal Heirship Certificate in favour of the Petitioners under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioners are the only heirs and legal representatives of the Deceased under the provisions of the Indian Succession Act, 1925; "

3 24-MPT 150-22.doc 5.

The Registry shall issue the Legal Heirship Certificate in the name of the Petitioners in the standard format prescribed for the same. 6.

Miscellaneous Petition is accordingly disposed of. No order as to costs.

7.

All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)