Mathilda Sabina David Wife Of Pulikottil Mathew David v. P M David Alias Pulikottil Mathew David Son Of Mathew (Deceased)
911.MPT.425.2025.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.425 OF 2025 P.M. David alias Pulikottil Mathew David S/o. Mathew alias Pulikottil Mathew David S/o. Pulikkottil Mathew alias Pulikottil Mathew David .. Deceased Mathilda Sabina David W/o. Pulikottil Mathew David .. Petitioner ....................
Mr. Manoj M. Mane, Advocate for Petitioner.
....................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 19, 2025.
P.C.:
1.
Heard Mane, 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 P.M. David alias Pulikottil Mathew David S/o. Mathew alias Pulikottil Mathew David S/o. Pulikkottil Mathew alias Pulikottil Mathew David. 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 affidavits dated 19.04.2025 of Vincent Roshan David S/o. Pulikottil Mathew David and Elizabeth Rachana David D/o.
911.MPT.425.2025.doc Pulikottil Mathew David, the legal heirs are filed on record and appended at page Nos.25 and 29 of Petition.
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 clauses 'a' and 'b' which read thus:- "'a'
That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 Certifying that (1) Mathilda Sabina David W/o. Pulikottil Mathew David (Widow of the deceased and the Petitioner herein), (2) Vincent Roshan David S/o. Pulikottil Mathew David (Son of the deceased) and (3) Elizabeth Rachana David D/o. Pulikottil Mathew David (Daughter of the deceased), are the only heirs and Legal representatives of the deceased.
b.
That issuance of Proclamation be dispensed with. 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 20:25:54 +0530 Ajay RAVINDRA MOHAN AMBERKAR