← Library
Bombay High CourtMPT/979/2025disposed off

Vanessa Edwin Dcosta v. Edwin Anthony Dcosta (Deceased)

2025-12-12Hon'Ble Shri Justice Milind N. Jadhav2 pages

P22.MPT.979.2025.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. 979 OF 2025 Edwin Anthony Dcosta .. Deceased Vanessa Edwin Dcosta .. Petitioner ....................

 Ms. Ankita Shukla i/b Mr. Anil Dsouza, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 12, 2025.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 12.12.2025. Perused the praecipe.

2.

Heard Ms. Shukla, learned Advocate for Petitioner. 3.

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 Edwin Anthony Dcosta. The names and details of legal heirs of the deceased are stated in paragraph No.10 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 13 of the Petition. I have perused the same.

4.

Consent affidavits dated 27.10.2025 of Vanessa Edwin Dcosta in capacity of natural guardian of minor son and daughter

P22.MPT.979.2025.doc Nathan Melwyn Dcosta and Nathania Maryann Dcosta, the legal heirs are filed on record and appended at page Nos. 50 and 54 of Petition. 5.

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 provisions of Bombay Regulation Act VIII of 1827 certifying that the Petitioner, alongwith the other legal heirs named Nathan Melwyn Dcosta & Nathania Mayann Dcosta mentioned at para 7 above, are the only legal heirs and legal representatives of the deceased." 6.

Issuance of proclamation stands dispensed with. 7.

Department is directed to issue the legal heirship certificate as directed above within a period of 1 week from today positively. 8.

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 AJAY TRAMBAK UGALMUGALE Date:

2025.12.13 15:23:51 +0530 Ajay AJAY TRAMBAK UGALMUGALE