IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1090 OF 2026 Justin Albert Rebello ....Deceased Audrey Maryann Rebello ….Petitioner ------- Mr. Shane Cardoz i/b. Mr. Virral P. Shah for the Petitioner. ------- CORAM : GAUTAM A. ANKHAD, J. DATE : 24th SEPTEMBER, 2026. P.C. : 1. This Petition is filed seeking Legal Heirship Certificate under Section 2 of Bombay Regulation (VIII) of 1827 in respect of the Deceased - Justin Albert Rebello who at the time of his death was residing at A-13, Suraj Co-operative Housing Society Limited, Juhu Tara Road, K. K. Ganguly Marg, Juhu, Mumbai - 400 049. The Deceased died intestate on 13th September, 2015 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 2. The Petitioner is the widow of the Deceased. At paragraph no.4, the Petitioner has furnished details of the only surviving legal heirs and 1/4 12-MPT-1090-2026.doc Gauri Gaekwad GAURI AMIT GAEKWAD Digitally signed by GAURI AMIT GAEKWAD Date: 2026.09.24 18:36:34 +0530 next-of-kin of the Deceased as follows : Sr. No. Names and addresses of the heirs and next of kins of the deceased abovenamed Age Relationship With Deceased 1. Audrey Maryann Rebello, A-13, Suraj Co-operative Housing Society Limited, Juhu Tara Road, K. K. Ganguly Marg, Juhu, Mumbai - 400 049 81 Years Widow (Petitioner) 2. Raoul Cornelius Rebello, A-13, Suraj Co-operative Housing Society Limited, Juhu Tara Road, K. K. Ganguly Marg, Juhu, Mumbai - 400 049 48 Years Son 3. Rohan Agnellus Rebello, A-13, Suraj Co-operative Housing Society Limited, Juhu Tara Road, K. K. Ganguly Marg, Juhu, Mumbai - 400 049 46 Years Son 3. It is further stated that the parents of the Deceased have predeceased the Deceased and there are no other heirs and next-of-kin of the Deceased. It is in this background that the Petitioner seeks the Heirship Certificate. 4. Both the sons of the Deceased have filed their individual consent affidavits, both dated 20th August, 2026, which are annexed to the Petition at page nos.36 to 43. 2/4 12-MPT-1090-2026.doc Gauri Gaekwad 5. The reasons for filing this Petition are stated at paragraph no.8 of the Petition. It is also stated that the Petitioner or the legal heirs have not filed any other Petition for Heirship Certificate, Succession Certificate, Probate or Letters of Administration and there is no impediment to the grant of the reliefs in this Petition. 6. As far as the delay is concerned, the same is condoned in the light of the judgment of this Court in Ganpati Vinayak Achwal 1 wherein this Court has held that the right to apply is a continuous right which is capable of being exercised at any time after the death of the Deceased, as long as the right to do so exists. 7. In view of the statements/undertakings contained in the Petition read with the consent affidavits that are filed, which are accepted, Miscellaneous Petition No.1090 of 2026 is allowed in terms of prayer clause (a), which reads as under : (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 the Petitioner along with the heirs mentioned above in Para 4 are the only heirs and legal representatives of the said deceased viz. the Petitioner, wife of the deceased Audrey Maryann 1 2014 SCC OnLine Bom 1193 3/4 12-MPT-1090-2026.doc Gauri Gaekwad Rebello and the sons of the deceased viz., Raoul Cornelius Rebello and Rohan Agnellus Rebello. 8. Issue of Proclamation is dispensed with. 9. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 12-MPT-1090-2026.doc Gauri Gaekwad