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Bombay High Court

Audrey Maryann RebelloversusJustin Albert Rebello Deceased

Decided
Disposal
DISPOSED OFF

Holding

The petition is allowed and a Legal Heirship Certificate is to be issued to the petitioner and the two sons as the sole legal heirs of the deceased.

Summary

The widow of the deceased, Audrey Maryann Rebello, filed a petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a Legal Heirship Certificate for her late husband, Justin Albert Rebello, who died intestate in 2015. The only surviving heirs are the petitioner and the two sons, Raoul and Rohan, who each submitted consent affidavits. The petition addressed a delay in filing, which the court condoned based on its earlier decision in Ganpati Vinayak Achwal 1, holding that the right to apply is continuous. The court found no impediment, noted that no other succession proceedings had been initiated, and determined that a proclamation was unnecessary. Consequently, the court allowed the petition and directed the Department to issue the Legal Heirship Certificate within four weeks.

Issues considered

  • The applicability of Section 2 of the Bombay Regulation (VIII) of 1827 for granting a Legal Heirship Certificate in an intestate succession case.
  • Whether the delay in filing the petition can be condoned.
  • Whether the consent affidavits of the heirs satisfy the requirements for issuance of the certificate.
  • The necessity of a proclamation in the present circumstances.

Legislation cited

Subjects

  • Legal Heirship Certificate
  • Intestate succession
  • Bombay Regulation
  • Consent affidavits
  • Delay condonation
  • Proclamation dispensed

Judgment

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:
GAEKWAD 2026.09.24
        18:36:34
        +0530



                        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

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              12-MPT-1090-2026.doc                                           Gauri Gaekwad
next-of-kin of the Deceased as follows :

 Sr. Names and addresses of the heirs and         Age      Relationship
 No.    next of kins of the deceased                      With Deceased
                abovenamed
     1.   Audrey Maryann Rebello,                 81          Widow
          A-13, Suraj Co-operative               Years      (Petitioner)
          Housing Society Limited, Juhu
          Tara Road, K. K. Ganguly
          Marg, Juhu, Mumbai - 400 049
     2.   Raoul Cornelius Rebello,                48            Son
          A-13, Suraj Co-operative               Years
          Housing Society Limited, Juhu
          Tara Road, K. K. Ganguly
          Marg, Juhu, Mumbai - 400 049
     3.   Rohan Agnellus Rebello,                 46            Son
          A-13, Suraj Co-operative               Years
          Housing Society Limited, Juhu
          Tara Road, K. K. Ganguly
          Marg, Juhu, Mumbai - 400 049



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.

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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
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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. ]




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12-MPT-1090-2026.doc                                        Gauri Gaekwad


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