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2025 DAILYLAW 75620 (BOM)

Alka Immacus Dias v. late Terrence Godin

MPT/269/2025 · 2025-11-07

Shri Milind N Jadhav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5. MPT-269-25.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 269 OF 2025 Terrence Godin .. Deceased Alka Immacus Dias .. Petitioner ....................  Mr. Immacus Dias, CA of Petitioner ................... CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 7, 2025 P. C. : 1. Heard Mr. Dias, the Constituted Attorney of 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 abovenamed. Deceased is survived by his sister and brother who are the only legal heirs in view of the averments made in paragraph Nos. 2 and 3 of Petition. Petitioner is the sister before me. Brother Vernon has filed his affidavit which is appended at page Nos. 40-42 of Petition. I have perused the same. Same is in order. In view of the submissions made by the brother in paragraph Nos. 3 to 5 of the said affidavit, 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) That this Hon'ble Court be pleased to grant the Heirship Certificate in the form of Appendix "B" of the Bombay Regulations Act, 1827 to the Petitioner, viz. Mrs. Alka Immacus Dais." 1 of 2 5. MPT-269-25.docx 3. Issuance of proclamation stands dispensed with. 4. Department is directed to issue the legal heirship certificate as directed above within a period of 2 weeks from today positively. 5. Needless to state that the Consumer Dispute Redressal Forum, Mumbai Suburban District shall take immediate cognizance of the Heirship Certificate which shall be presented by Petitioner and shall act upon the same in accordance with law. 6. Misc. Petition is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2025.11.07 19:31:42 +0530