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Bombay High CourtMPT/390/2025disposed off

Melanie Bernard Rodriques Nee Melanie Peter Dsouza v. Peter Augustine Dsouza Alias Peter A. Dsouza Alias Dsouza Peter Augustine,

2025-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

13.MPT.390.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.390 OF 2025 Peter Augustine D'souza alias Peter A. D'souza alias D'souza Peter Augustine .. Deceased Melanie Bernard Rodriques nee Melanie Peter D 'Souza .. Petitioner ....................

 Mr. Mohan C. Kumbhar i/by Mr. Dilip B. Shinde, Advocates for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2025.

P.C.:

1.

Heard Mr. Kumbhar, learned Advocate for Petitioner. 2.

Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Peter Augustine D'souza alias Peter A. D'souza alias D'souza Peter Augustine. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.6 of the Petition. I have perused the same. 3.

Consent affidavit dated 30.10.2023 of Valerie Perpetua Vaz, the legal heir is filed on record and appended at page No.27 of Petition.

13.MPT.390.2025.doc 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clause 'a' which read thus:- "'a'

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner, alongwith the heirs mentioned para no.4 herein above are the only heirs and legal representatives of the deceased."

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.20 20:15:10 +0530 Ajay RAVINDRA MOHAN AMBERKAR