Philomena D'Souza v. Anthony Wilson D'Souza (Deceased)

947-TP1463-15.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1463 OF 2015 Philomena D'Souza

...Petitioner

And Anthony Wilson D'Souza ...Deceased Mr. Ajay Sethi, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

25th October 2016 PC:- 1.

Heard.

2.

The Petitioner sought to obtain a Succession Certificate. Her husband passed away leaving her and two children, a son and a daughter, namely, Allen Anthony D'Souza and Aileen Anthony D'Souza, respectively. Allen is 29 years and Aileen is 26 years old. They both consented to the grant and the grant was ultimately issued in the name of the Petitioner alone.

3.

The Petitioner sought an accident compensation from the authorities in Qatar. This was refused only because the Succession Certificate reflects the name of the Petitioner but not the names of her children, Allen and Aileen.

25th October 2016

947-TP1463-15.DOC 4.

On the application of the Petitioner, the grant is permitted to be amended on the basis of an authenticated copy of this order. The prayer in the Petition also be amended without need of reverification. An amended grant is to be issued to the Petitioner on a priority basis, so that she can pursue her claim for compensation with the Embassy of India, Doha, Qatar. The amended grant will be issued in the name of the Petitioner and her children, Allen and Aileen.

5.

Vakalatnama is to be filed in the Registry.

6.

All concerned to act on an authenticated copy of this order. 7.

List the matter for directions on 13th December 2016. (G. S. PATEL, J.) 25th October 2016