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
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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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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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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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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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