Bombay High CourtTP/4113/2024grant issued

Ralph Joseph Fernandes v. Wallace Pereira (Deceased)

2024-09-26Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 26th September, 2024 FOR COMPLIANCE :

106. TP/4113/2024 [Original] (ECHCBM02007632024) P. C. :

Shri. Sandesh Kamble a/w Ms. Amrin Khan Ld. Advocate for the Petitioner 1.

Ld. Advocate for the petitioner submitted that the petitioner is from the maternal side and the heirs from paternal side have given their consent to the petitioner for obtaining Letters of Administration. Hence, in view of Sec. 27(a) of the Indian Succession Act, 1925, the petitioner is capable to present the petition. However, Sec. 27(a) of IS act is speaking about the chain of inheritance and the petitioner or heir, as the case may be, must be related to the deceased through his/her or heir(petitioner's) father or mother. 2.

Even as per Sec. 219 of IS Act, the petitioner must establish his capacity to present the petition. 3.

S.O. to 03.10.2024 26.09.2024 Officer on Special Duty, with Testamentary Department