Avekino Antonio Clara D Souza v. Clara Antonio D Souza (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION (L) NO. 30432 OF 2023 Avelino Antonio Clara D Souza

...Petitioner

Versus

Clara Antonio D Souza

...Respondent

*** Mr. Ketan Joshi Advocate for the Petitioner.

*** by ETHAPE DNYANESHWAR ASHOK Date: 2024.10.14 13:40:50 +0530

CORAM

:

N. J. JAMADAR, J.

DATE :

27th AUGUST 2024 ETHAPE DNYANESHWAR ASHOK PC.

:

1.

Heard the learned Counsel for the Petitioner. 2.

At the outset, the learned Counsel for the petitioner seeks leave to amend the petition so as to include all the legal heirs of the deceased in the prayer clause.

3.

Leave granted.

4.

Necessary amendment be carried out within a period of one week. Re-verification dispensed with.

5.

This petition is filed for grant of Heirship Certificate under Section 2 of the Bombay Regulation VIII of 1827. 6.

Clara Antonio D'Souza (the deceased), was the mother of

the petitioner. The deceased passed away on 27th March 2010. At the time of her death, she had a fixed place of abode at 39/15, B.D.D. Chawl, G. M. Bhosale Road, Worli, Mumbai. 7.

In the petition it is averred that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The deceased has left behind Antonio D'Souza, her husband, the petitioner, and Kriston D'souza, another son, the particulars of whom are furnished at serial Nos.1 to 3 in the table at paragraph No.5 of the petition. It is averred that there is no other legal heir. The heirship certificate is required to lay claim over the tenancy right in respect of the property described in paragraph No.7 of the petition.

8.

I have perused the averments in the petition. The documents annexed to the petition lend support to the claim of the petitioner. The petitioner, Antonio D'Souza, the husband, and Kriston D'souza, another son, appear to be the surviving legal representatives of the deceased. Antonio D'Souza, the husband of the deceased, and Kriston D'souza, another son of the deceased, have filed affidavits giving their consent for grant of heirship certificate. Thus, I do not find any impediment in

granting the heirship certificate.

9.

Hence the following order:

ORDER

(i) Petition stands allowed in terms of amended prayer clause (a).

(ii) The heirship certificate be issued certifying that the heirs mentioned at serial No.1 to 3 in the table at paragraph No.5 are the legal representatives of the deceased. (iii) Proclamation dispensed with.

(iv) Grant of heirship certificate is expedited.

(N. J. JAMADAR, J.)