22-MPT-909-2026 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 909 OF 2026 Beatrice D’ Souza Alias D’ Souza Betrik ...Deceased Mary Vitthal Kanchi ...Petitioner __________ Adv. Palak Bundal, i/b Adv. Ankita Phatak, for the Petitioner. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 21st AUGUST 2026 P.C.: 1. Heard Ms. Bundal, learned counsel for the Petitioner. 2. The present proceedings are filed under the provisions of the Bombay Regulation VIII of 1827 ("the said Regulation"). By the present Petition, the Petitioner i.e., Mary Vitthal Kanchi, being the married sister of Beatrice D’ Souza alias D’ Souza Betrik alias Beatrice Fausta D’ Souza (“Deceased”) seeks issuance of a Legal Heirship Certificate in her favour, legal heirs and legal representatives of the Deceased, under the provisions of the said Regulation. 3. It is stated that the Deceased expired on 19th August, 2008 at Mumbai. The Deceased was a permanent resident of Mumbai. The Death Certificate evidencing the death of the Deceased is annexed at Exhibit "A" to the Petition. At the time of her death, the Deceased was residing at her Mayur MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.08.21 17:38:27 +0530 22-MPT-909-2026 (OS).doc residence at F-7, Pearl CHS Ltd., 205, Dr. B.A. Road, Ddadar (East) Mumbai-400014. It is further stated that the Deceased passed away intestate. Despite due and diligent search, no Will of the Deceased has been found or discovered. 4. The petition reflects under para 4 that the Petitioner being the sister of the Deceased is the sole surviving legal heir. It is stated that the parents of the Deceased predeceased the Deceased. The death certificate of the Deceased as well as of one of the sisters of the Deceased is annexed to the petition at Exhibits A and B respectively. 5. It is stated that besides the Petitioner, who is the sole surviving legal heir of the Deceased, there are no other legal heirs or next of kin of the Deceased. The heirship certificate as stated is required by the Petitioner to be produced before the Pearl Cooperative Housing Society (supra) for regular membership in the society and for purposes associated therewith. 6. The Petitioner has further stated that no application has been made to any District Court or District Delegate or to any High Court for Probate of any will of the said Deceased or for Letter of Administration with or without the Will annexed thereto or for Succession Certificate to the property and credits of the Deceased abovenamed. 7. It is stated in the petition that there is a delay in filing the present petition. This being on the ground that the Petitioner was ignorant and unaware of the requirement to obtain the legal representation in respect of Mayur 22-MPT-909-2026 (OS).doc the immovable property of the Deceased. Perused the averments in regard to delay. It appears that sufficient cause is made out to condone the delay and such delay in the given facts and circumstances stands condoned. The Petitioner has stated in the petition that she has paid the requisite court fees for the said proceedings. 8. Heard the learned counsel for the Petitioner and with her assistance, perused the Petition. The Petitioner, more particularly, in paragraph 4, state that save and except the heirs mentioned in the table above, there are no other heirs and next of kin left by the said Deceased. It is in such factual complexion as noted above, that the Petitioner seeks for issuance of the Heirship Certificate under the provisions of the said Regulation. 9. For the above reasons and in light of the material on record coupled with the statements/undertakings contained in the Petition, the same is accepted. Proclamation is accordingly dispensed with and the Petition is allowed in terms of prayer clause (b), which reads thus: “b. That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, Certifying that Mary Vithal Kanchi (being the Sister of the deceased and the Petitioner herein), is the only heir and Legal representative of the deceased” 10. The Petition is, accordingly, Disposed of. No order as to costs. 11. All parties to act on an authenticated copy of this order. [ADVAIT M. SETHNA, J.] Mayur