George Simon Fernandes v. Late Rozalin Simon Fernandes Since Deceased
M6.MPT.93.2026.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. 93 OF 2026 Rozalin Simon Fernandes .. Deceased George Simon Fernandes .. Petitioner ....................
Ms. Sujata Babar, Advocate for Petitioner.
....................
CORAM
: MILIND N. JADHAV, J.
DATE : MARCH 05, 2026.
P.C.:
1.
Not on Board. Mentioned by way of filing praecipe dated 05.03.2026. Perused the praecipe.
2.
Heard Ms. Babar, 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 Rozalin Simon Fernandes. 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.
4.
Petitioner is the sole legal heir of the deceased.
M6.MPT.93.2026.doc 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 clauses 'a' and 'b' which read thus:- "(a) That Legal Heirship Certificate be issued Certifying that the Petitioner viz. GEORGE SIMON FERNANDES is the only Heir and Legal Representative of the Deceased under the provision of Bombay Regulation Act VIII of 1827;
(b) Delay of 2 years and 6 months may be condoned." 6.
Issuance of proclamation stands dispensed with. 7.
Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks 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 RAVINDRA MOHAN AMBERKAR Date:
2026.03.05 17:43:40 +0530 RAVINDRA MOHAN AMBERKAR Ajay