1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Petition No.295 of 2008 Helen Gerald D' Souza .. Mission person Gerald Joseph Benjamine D'Souza .. Petitioner Ms.Shobhana Waghmare for Petitioner. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 5th September, 2008 P.C. : 1.This Petition is for issue of a Succession Certificate in respect of the estate of one Helen D'Souza, wife of Gerald Joseph D'Souza. The Petitioner is himself the husband of the said person. She is stated to have been missing since 1999. The Petitioner has produced a letter from MIDC Police Station dated 12.9.2007, mentioning about the registration of the complaint with regard to the missing person dated 11.10.1999. The Petitioner has also obtained the certified copy of the relevant Station Diary entry of 11.10.1999, certified by the Senior Inspector of Police of the MIDC Police Station. Helen D'Souza is seen to have been missing since 1999. A presumption with regard to the death of such person is required to be drawn since she has been missing for the last more than 7 years. 2 2.The Petitioner has annexed a xerox copy of certificate of his marriage showing that he was married to Helen Pinto (her maiden name). The heirs of the said missing person are mentioned in paragraph 8 of the Petition. The Petitioner is one such heir. The Petitioner can be issued a Succession Certificate. The Petition is made absolute in terms of prayers (a) and (b). The Petitioner shall be handed over the amount of maturity on the LIC Policy mentioned in paragraph 9 of the Petition. 3.The Petition is disposed of accordingly. [SMT.ROSHAN DALVI, J.]