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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

                                             -------
              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
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              17-MPT-1095-2026.doc                                          Gauri Gaekwad
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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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
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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. ]




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