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2006 Supreme(Bom) 1293

R.M.LODHA, S.A.BOBDE
Aloysius Manuel D souza – Appellant
Versus
Mary Kamala William Manuel D souza – Respondent


Per LODHA R.M., J.: - On March 3,2005, the learned Testamentary Judge of this Court

ordered issuance of heirship certificate of the deceased William Manual DSouza in favour of Mary Kamala William DSouza (respondent No.1). Aggrieved thereby, the present appellants have preferred this appeal.

2. Aloysius Manuel DSouza - appellant No.1 is the brother of late William Manual DSouza (hereinafter referred to as the "said deceased"). Denzil Alfred DSouza - appellant No.2 is the son of one Ancey DSouza (sister of the said deceased). Julious Machado appellant No.3 is the husband of one Ethel DSouza (sister of the deceased) and Clifford George DSouza - appellant No.4 is the son of Hilda DSouza (sister of the deceased).

3. The appellants have prayed for grant of leave to file the appeal and also for condonation of delay in filing the appeal.

4. Mary Kamala claims to be the widow of the said deceased. She applied for issuance of legal heirship certificate under Bombay Regulation VIII of 1827. Chapter I thereof provides for Rules for the recognition of heirs, executors and administrators when there is a competent claimant while Chapter II provides for the appointment of an Administrator by the Zil





















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