Suzette Carl Pereira And ANR v. Shophia Anna Maureen Pereira (Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 33 OF 2025 Suzette Carl Pereira being mother and natural guardian of Zianna Liz Pereira

...Petitioner

Shophia Anna Maureen Pereira ...Deceased ----- Mr. Shyamsunder Udhavrao Solanke for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

P.C. :

1.

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Shophia Anna Maureen Pereira ('the deceased'), who died in Mumbai on 23.03.2021. 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 her surviving the Petitioner as her 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 Petitioner 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 Zianna Liz Pereira is recognized as the legal heirs and representative of Shophia Anna Maureen Pereira, the Deceased above named;" 7.

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

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