Bombay High CourtTP/1675/2025grant issued

Bernard Joseph Dcosta S/O Olencio Joseph Dcosta v. Seneca Melanie Dcosta Alias Malane Sareca D Costa (Deceased No. 1) And ANR

2025-07-28Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th July, 2025 CALLED FOR COMPLIANCE :

TP/1675/2025 (E-filing) Mr. Ajit S. Hodage, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Bernard Joseph D'costa being son of deceased No.1 and grandson of deceased No. 2. Deceased No. 1 namely Seneca Melanie D'costa died intestate at Goa on 08.04.2018. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition. Deceased No. 2 namely Agnes Lopez died intestate at Mumbai on 13.02.1988. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 07.02.2025 for dispensation of identification proof of deceased. The same is accepted.

2. Ld. Advocate for petitioner submits that deceased No. 1 is daughter of deceased No. 2. Father of deceased No. 1 (husband of deceased No.2) died on 15.03.1980. Husband of deceased No. 1 died on 21.08.1973. Deceased No.1 was survived by one son only who is petitioner herein. Husband of deceased No. 2 died on 15.03.1980. Deceased No. 2 had only one daughter who is deceased No. 1 herein and she was survived by one son who is petitioner herein. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 03.07.2025 is filed. As petitioner is only surviving legal heir of the both the deceased before this Court and the right or interest of no other legal heir is required to be protected. Hence, Administration Bond is dispensed with. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

4. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. 28.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG