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Bombay High CourtMPT/635/2025disposed off

Margaret Rose Mendoza v. Late Dorothy Mendoza Wife Of Anthony Robert Mendoza Since Deceased

2025-10-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

124.MPT.635.2025.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.635 OF 2025 Dorothy Mendoza W/o. Anthony Robert Mendoza .. Deceased Margaret Rose Mendoza .. Petitioner ....................

 Ms. Sujata Babar a/w. Ms. Pratiksha Babar, Advocates for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 03, 2025.

P.C.:

1.

Heard Ms. Babar, 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 Dorothy Mendoza W/o. Anthony Robert Mendoza. 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.9 of the Petition. I have perused the same.

3.

Consent affidavit dated 26.07.2025 of Michael George Mendoza, the legal heir is filed on record and appended at page No.26 of Petition.

124.MPT.635.2025.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 clauses 'a' and 'b' which read thus:- "'a'

That Legal Heirship Certificate be issued Certifying that the Petitioner viz. MARGARET ROSE MENDOZA and her Brother MICHAEL GEORGE MENDOZA are the only Heir and Legal Representative of the Deceased under the provision of Bombay Regulation Act VIII of 1827;

b Proclamation may 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. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.10.07 11:52:25 +0530 AJAY TRAMBAK UGALMUGALE