M/S. Maria Michael Crasto v. Shri Constantine Alias Costin Larry Fernandes (Deceased)

20-MPT149-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 149 OF 2015 Shri Constantine alias Costin Larry Fernanes ...Deceased And Ms. Maria Michael Crasto

...Petitioner

Mr.Sameer Logade, h/f A. S. Malvankar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

22nd March 2016 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Constantine alias Costin Larry Fernanes, who is said to have died intestate on 11th May 2013 at Panvel. However, during his lifetime, the deceased was ordinarily resident at Vikhroli (East), Mumbai. This Court, therefore, has jurisdiction. A copy of his death certificate is annexed.

2.

The deceased was survived by an only heir, whose name is mentioned in the tabulation below paragraph 3 of the petition. 3.

The Legal Heirship Certificate is required for submission to MHADA. Although it is somewhat unhappily worded, my order of

20-MPT149-15.DOC 7th March 2016 makes it clear that the issue of proclamation was dispensed with since the Petitioner is the only legal heir. 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 person mentioned in the table below paragraph 3, viz., the Petitioner, Ms. Maria Michael Crasto.

6.

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