IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.1095 OF 2026 Maria Florinda Pereira alias Flora Maria Fernandes ....Deceased Agnelo Titus Mario Leopoldo Fernandes ….Petitioner ------- Advocate Sebastiana Alemao 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 - Maria Florinda Pereira alias Flora Maria Fernandes who at the time of her death was residing at Flat No.4, Alfa Apartment, Road No.1, I. C. Colony, Borivali West, Mumbai – 400 103. The Deceased died intestate on 22nd April, 2015 and a copy of the death certificate is annexed at Exhibit ‘A’ to the Petition. 2. The Petitioner is the son of the Deceased. At paragraph no.7, the Petitioner has furnished details of the only surviving legal heirs and 1/4 17-MPT-1095-2026.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 address of the legal heirs of the deceased Age Relation with deceased 1. AGNELO TITUS MARIO LEOPOLDO FERNANDES Residing at: Flat No. 4, Alfa Apt, I.C. Colony, Borivali (West), Mumbai – 400 03, Maharashtra 65 Years Son 2. ANGELA GONSALVES Residing at : H. No.113, Mazilvaddo Deussua, Chinchinim, South Goa, Goa – 403 715 57 Years Daughter 3. CLOTILDES FELIX FERNANDES Residing at : 201/A Amisha Apartment, L.M. Road, Navagaon, Dahisar (West), Mumbai - 400 068, Maharashtra 59 Years Daughter 3. It is further stated that the parents and husband 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 Petitioners seek the Heirship Certificate. 4. Both the daughters of the Deceased have filed their individual consent affidavits, both dated 10th August, 2026, which are annexed to the Petition at page nos.30 to 43. 2/4 17-MPT-1095-2026.doc Gauri Gaekwad 5. The reasons for filing this Petition are stated at paragraph nos.4, 5 and 11 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.1095 of 2026 is allowed in terms of prayer clauses (a) and (b), which read as under : (a) That Legal Heirship Certificate be issued Certifying that the Petitioner (1) AGNELO TITUS MARIO LEOPOLDO FERNANDES, (2) ANGELA GONSALVES and (3) CLOTILDES FELIX FERNANDES, are the only legal heirs and legal representatives for transferring the deceased property and they are the legal heirs and legal representatives of the deceased MARIA 1 2014 SCC OnLine Bom 1193 3/4 17-MPT-1095-2026.doc Gauri Gaekwad FLORINDA PEREIRA alias FLORA MARIA FERNANDES, under the provisions of the Bombay Regulation Act VIII of 1827. (b) That the Proclamation may be dispense with. 8. The Department is directed to issue the Legal Heirship Certificate within a period of four weeks from today. [ GAUTAM A. ANKHAD, J. ] 4/4 17-MPT-1095-2026.doc Gauri Gaekwad