In a testamentary petition, the court directed the department to reseal and reissue the original succession certificate after the petitioner accidentally broke the seal while making photocopies of a 250-page document.
The department is directed to reseal and reissue the original succession certificate to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
P-9.TP.441.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 441 OF 2023
Homai Sam Karkaria ...Petitioner Tehmuras Dinshaw Kapadia ...Deceased
Mr. P.G. Sawant, for Petitioner.
CORAM : MANISH PITALE, J. DATE : 11th MARCH, 2024.
SHRIKANT SHRINIVAS MALANI
Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.03.12 16:56:54 +0530
P. C. :
the department to reseal and reissue the original succession certificate.
Page1 of 2
Shrikant Malani
P-9.TP.441.2023.doc
February, 2024, on record.
(MANISH PITALE, J.)
Page2 of 2
Shrikant Malani
2 issues framed by the court
Whether the department should be directed to reseal and reissue the original succession certificate due to inadvertent breaking of the seal during photocopying.
Whether the affidavit explaining the accidental breach of seal provides sufficient grounds for relief.
Homai Sam Karkaria
Tehmuras Dinshaw Kapadia
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
