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Bombay High CourtCHOL/357/2025disposed off

Lawrence Rosario Saldanha v. Oswald Pascal Saldanha

2025-07-31E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)1 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2025 CALLED FOR DIRECTION:

4.CHOL/357/2025 AMH20210053261C202500044 In TP/1074/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, Advocate for the Applicant / Petitioner.

P. C. :

1. By the present Chamber Order, the Applicant / Petitioner seeks permission to delete the name of Petitioner from the title and to transpose Lawrence Rosario Saldanha, the father of the deceased as Petitioner in the title and also to carry out consequential amendments.

2. Perused the Affidavit in Support dated 21 st April, 2025. The Applicant has stated in the Affidavit that initially the Petition was filed by the Mother of the deceased Mrs. Rita Lawrence Salhanha. It is further stated that by an order dated 13th March, 2025, it has been held that as per section 42 of Indian Succession Act, 1925, the father alone is entitled to inherit the estate of the deceased in the absence of any lineal descendants. The Applicant therefore prayed for transposing him as Petitioner and the Chamber Order be allowed.

3. Heard, the Ld. Advocate for the Applicant. For the reasons mentioned in the Affidavit in Support the Chamber Order is allowed and the same is signed separately. Applicant / Petitioner to carry out amendment within three weeks from the date of uploading the order. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 31.07.2025