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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.150 OF 2022

John Ratnam Boujanku Samuel

… Deceased

Nellie Pinto Samuel & Anr.

… Petitioners

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Ms. Sneha Panchmukh, Ms. Dimple K., Ms. Deepa Mani i/by D. M. Legal

Ventures for the Petitioners.

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CORAM :

ARIF S. DOCTOR, J.

DATE :

05TH DECEMBER 2022

P.C. :

1.

The Petitioners seek the grant of a Legal Heirship Certificate under

the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of

deceased John Ratnam Boujanku Samuel (‘the said deceased’), who is said to

have died intestate in Mumbai on 05/07/2020. A copy of the death certificate of

John Ratnam Boujanku Samuel is also annexed to the Miscellaneous Petition.

The said deceased is stated to have been the resident of Mumbai.

2.

The Legal Heirship Certificate is required for the purpose of

transfer of the assets of the said deceased standing in the name of UBS Financial

Services Inc. in USA. The said deceased left behind him the following persons as

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MUGDHA

M

PARANJAPE

Digitally

signed by

MUGDHA

M

PARANJAPE

Date:

2022.12.05

17:51:41

+0530

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his only heirs and next of kin according to the Indian Succession Act, 1925,

who are residing at the following address :-

Sr.

No.

Name and address of the legal heirs and next-of-

kin of the deceased above named

Age

Relationship with

the deceased

1.

Nellie Pinto Samuel

Flat No.501, Odyssey-2, Hiranandani Gardens,

Powai, Mumbai – 400 076, Maharashtra.

54

Wife

2.

Siyona Boujanku Samuel

Flat No.501, Odyssey-2, Hiranandani Gardens,

Powai, Mumbai – 400 076, Maharashtra.

23

Daughter

3.

No other Petition for Legal Heirship Certificate, Succession

Certificate, Probate or Letters of Administration with or without Will annexed

has been filed. Therefore, there is no impediment in law to the grant of relief.

4.

The Miscellaneous Petition is therefore made absolute in terms of

prayer clause (a) of the Miscellaneous Petition, which reads as under :-

“(a)

This Hon’ble Court be pleased to issue/grant Legal

Heirship Certificate in favour of the Petitioners under the

provisions of Bombay Regulation VIII of 1827 certifying

that the Petitioners are the only heirs and legal

representatives of the Deceased under the provisions of

the Indian Succession Act, 1925; ”

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5.

The Registry shall issue the Legal Heirship Certificate in the name

of the Petitioners in the standard format prescribed for the same.

6.

Miscellaneous Petition is accordingly disposed of. No order as to

costs.

7.

All concerned to act on the authenticated copy of this order.

(ARIF S. DOCTOR, J.)

Mugdha

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