Noel D Souza S O Piedade D Souza v. D Souza Piedade Alias Piedade D Souza S O Casmira D Souza

36.MPT.658.2025.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. 658 OF 2025 D'souza Piedade alias Piedade D'souza S/o Casmira D'souza .. Deceased Noel D'souza S/o Piedade D'souza .. Petitioner ....................

 Mr. Prabhu Velar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 26, 2025.

P.C.:

1.

Heard Mr. Velar, 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 D'souza Piedade alias Piedade D'souza S/o Casmira D'souza. 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 21.07.2025 of Andrea Glenn Bouche and Brenda D'Souza w/o Moyses Braganza D'Souza, the legal heirs are filed on record and appended at page Nos. 26 and 30 of Petition.

36.MPT.658.2025.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 clause 'a' which read thus:- "a.

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provision of Bombay Regulation VIII of 1827 certifying that (1) Noel D'souza S/o Piedade D'souza (son), (2) Andrea Glenn Bouche (daughter), and (3) Brenda D'Souza w/o Moyses Braganza D'Souza (daughter) are the only surviving legal heirs and legal representatives of the abovenamed deceased i.e., D'souza Piedade alias Piedade D'souza S/o Casmira D'souza."

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:

2025.09.30 15:02:01 +0530 Ajay RAVINDRA MOHAN AMBERKAR