Suzette Carl Pereira And ANR v. Renato Rosario David Pereira (Deceased)

1 21-MPT-32-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 32 OF 2025 Suzette Carl Pereira & Anr

...Petitioners

Versus

Renato Rosario David Pereira ...Deceased ----- Mr. Solanke Udhav Rao for the Petitioners.

----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

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 one Renato Rosario David Pereira ('the deceased"), who died in Mumbai on 18.02.2011. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate. 2.

The deceased left behind him surviving the Petitioners are his only heirs and next of kin according to Indian Succession Act, 1925, the persons mentioned in the table in paragraph 4 of the Petition.

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 10 of the Miscellaneous Petition. 4.

The Petition has been duly verified by the Registry. 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. 5.

I have heard the learned Counsel appearing on behalf of the Petitioners as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (b) which reads as under :- " (b) This Hon'ble Court may be pleased to grant Legal Heirship Certificate thereby certifying that the Petitioners viz. Suzette Carl Pereira and Zianna Liz Pereira (minor through natural guardian Suzette Carl Pereira) are recognized as the legal heirs and representatives of Renato Rosario David Pereira, the Deceased above named be granted"

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

3 21-MPT-32-2025.doc 8.

The Miscellaneous Petition is accordingly disposed of. (ARIF S. DOCTOR, J.)