Shirley Antoinette Maria Pereira Wife Of Ramiro John Carmino v. Ramiro John Carmino Vincent Pereira (Deceased)
by MULEY SHUBHAM PRAVINRAO Date:
2025.01.23 10:08:17 +0530 MULEY SHUBHAM PRAVINRAO 1 37-MPT-660-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 660 OF 2024 Shirley Antoinette Maria Pereira W/o Ramiro John Carmino
...Petitioner
Ramiro John Carmino Vincent Pereira ...Deceased ----------------- Adv. Jinklle H. Vira for the Petitioner.
----------------- CORAM : ARIF S. DOCTOR, J.
DATE : 22ND JANUARY, 2025 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 Ramiro John Carmino Vincent Pereira ('the deceased'), who died at United Arab on 11 th February 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 him surviving as his only heirs and next of kin according to the Indian Succession Act, 1925, the persons mentioned in the table in paragraph 4 of the Petition.
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2 37-MPT-660-2024.doc 3.
The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.
The another legal heir of the deceased has filed consent affidavit, which is annexed to the Petition.
5.
The Registry has duly verified the Petition. 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.
6.
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. 7.
The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " a. That a Legal Heirship Certificate of the deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Shirley Antoinette Maria Pereira (Widow of the Deceased and the Petitioner herein) and 2) Craig Bernard S/o. Ramiro Ramiro John Carmino Vincent Pereira (Son of the Deceased abovenamed), are the only heirs and Legal representatives of the deceased above named." 2/3
3 37-MPT-660-2024.doc 8.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.
9.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
(ARIF S. DOCTOR, J.) 3/3