Bombay High Court
AGNELO TITUS MARIO LEOPOLDO FERNANDESversusMARIA FLORINDA PEREIRA ALIAS FLORA MARIA FERNANDES
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that the petition is maintainable and, based on the consent affidavits and absence of any other claimants, the petitioner and his two sisters are the sole legal heirs, warranting the issuance of a legal heirship certificate.
Summary
The petitioner, son of the deceased Maria Florinda Pereira, filed a petition under Section 2 of the Bombay Regulation (VIII) of 1827 seeking a legal heirship certificate for the intestate estate of his mother who died on 22 April 2015. The petitioner identified himself and the two daughters of the deceased as the only surviving legal heirs, supported by consent affidavits filed by the daughters. The petition addressed a delay in filing, which the court condoned by relying on its earlier decision in Ganpati Vinayak Achwal that the right to apply for heirship is a continuous right. No other claims, probate, or succession proceedings were pending. The court held that the petition was maintainable, the three persons were the sole legal heirs, and directed the department to issue the heirship certificate within four weeks, dispensing with the proclamation.
Issues considered
- Whether the petition for a legal heirship certificate can be entertained despite the delay in filing.
- Whether the petitioner and his two sisters constitute the only legal heirs of the deceased.
- Whether the consent affidavits filed by the sisters are sufficient to dispense with the proclamation.
Legislation cited
Subjects
- Heirship Certificate
- Intestate Succession
- Bombay Regulation
- Legal Heir
- Consent Affidavit
- Delay Condonation
- Probate
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.1095 OF 2026
Maria Florinda Pereira alias
Flora Maria Fernandes ....Deceased
Agnelo Titus Mario Leopoldo Fernandes ….Petitioner
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Advocate Sebastiana Alemao for the Petitioner.
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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
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next-of-kin of the Deceased as follows :
Sr. Names and address of the legal heirs Age Relation with
No. of the deceased deceased
1. AGNELO TITUS MARIO 65 Son
LEOPOLDO FERNANDES Years
Residing at: Flat No. 4, Alfa Apt,
I.C. Colony, Borivali (West),
Mumbai – 400 03, Maharashtra
2. ANGELA GONSALVES 57 Daughter
Residing at : H. No.113, Years
Mazilvaddo Deussua, Chinchinim,
South Goa, Goa – 403 715
3. CLOTILDES FELIX FERNANDES 59 Daughter
Residing at : 201/A Amisha Years
Apartment, L.M. Road, Navagaon,
Dahisar (West), Mumbai - 400 068,
Maharashtra
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.
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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
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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. ]
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