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Bombay High CourtMPT/267/2025disposed off

Jeanette Marie Celine Dias, Alias Jeanette Marie C Dias v. Leslie John Dias Alias Leslie John Clifford Dias

2025-05-07Hon'Ble Justice Shri Arif S. Doctor3 pages

1 25-MPT 267-25.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.267 OF 2025 Leslie John Dias alias Leslie John Clifford Dias ... Deceased Jeanette Marie Celine Dias alias Jeanette Marie C Dias ... Petitioner ......

Ms. Kanchan Pamani, for Petitioner.

......

CORAM :

ARIF S. DOCTOR, J.

DATE :

07TH MAY 2025 P.C.:

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 Leslie John Dias alias Leslie John Clifford Dias('the deceased'), who died in Mapusa Goa on 15 th February, 2023. 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.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.05.09 14:29:37 +0530

2 25-MPT 267-25.doc The Petitioner is the sole legal heir and next of kin according to the Indian Succession Act.

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

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.

The Miscellaneous Petition is, therefore, allowed in terms of prayer clause (a) which reads as under :- (a) That legal Heirship Certificate certifying the Petitioner Jeanette Marie Celine Dias alias Jeanette Marie C Dias as the legal heir and representative of the deceased be granted to the Petitioner".

3 25-MPT 267-25.doc The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.

The Miscellaneous Petition is accordingly disposed of. [ARIF S. DOCTOR, J.]