Disposed¶27

Ravi Shankar Ramchandran v. Padma Ramchandran Widow of Doraiswamyramchandra

Bombay HC15 Jan 2025IA/1612/2024

Case brief

AI extract

What is this about?

Bombay HC; Testamentary & Intestate; IA 1612/2024 in TP 674/2023; Arif S. Doctor, J.; 15-01-2025; succession certificate amendment; amendment of schedule of petition; Exhibit 'B' schedule of amendment; additional shares securities dividend of deceased Padma Ramchandran; Share Transfer/Register Agent intimation; affidavit undertaking; re-verification dispensed with; interim application disposed of.

What did the court decide?

Amendment of the schedule of the Petition and of the Succession Certificate granted on 10 February 2024 in terms of prayer clause (a), subject to filing the compliance Affidavit (with the Share Transfer/Register Agent email) within two weeks; amendment itself to be carried out within two weeks; re-verification dispensed with. ¶27

Ravi Shankar Ramchandran vs Padma Ramchandran Widow of Doraiswamyramchandra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the schedule of the Testamentary Petition and the Succession Certificate granted on 10 February 2024 may be amended to include the additional shares, securities and dividend to which the deceased was stated to be entitled (prayer clause (a) of Interim Application No. 1612 of 2024).

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Court's answer

The Interim Application is allowed in terms of prayer clause (a) — i.e., amendment of the schedule of the Petition and of the Succession Certificate grant dated 10 February 2024 — subject to a compliance Affidavit being filed within two weeks.

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Ratio / Principle

The basis of the deceased's entitlement to the scheduled shares and securities was stated to be an intimation received from the Share Transfer/Register Agent of the concerned companies; the supporting email was not annexed but counsel undertook to file it with an Affidavit, and the Court accepted his statement.

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Key takeaways

The amendment directed by the order is to be carried out within a period of two weeks from the date of the order.ratio¶22
Re-verification is dispensed with.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Arif S. Doctor, J. — Interim Application No. 1612 of 2024 in Testamentary Petition No. 674 of 2023 (order dated 15 January 2025). The Applicant/Petitioner, Ravi Shankar Ramchandran, held an uncontested Succession Certificate granted by the Court on 10 February 2024 in respect of certain securities of the deceased, Padma Ramchandran. Having learnt of further shares, securities and dividend to which the deceased was entitled (set out in Exhibit 'B', the Schedule of amendment), he sought amendment of the Petition schedule and of the grant. Counsel attributed the entitlement to intimations from the Share Transfer/Register Agents of the concerned companies and undertook to file the supporting email with an Affidavit; the statement was accepted. The Interim Application was allowed in terms of prayer clause (a), subject to the compliance Affidavit within two weeks; the amendment was ordered to be carried out within two weeks; re-verification was dispensed with; and the Interim Application was disposed of.

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1 17-IA 1612-24 in TP 674-23.doc

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Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2025.01.16 09:52:10 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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INTERIM APPLICATION NO.1612 OF 2024

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TESTAMENTARY PETITION NO.674 OF 2023

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Ravi Shankar Ramchandran … Applicant Padma Ramchandran wd/o Doraiswamy Ramchandran … Deceased Ravi Shankar Ramchandran … Petitioner

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Mr. B. G. Saraf a/w Suyash Kalbhor for the Applicant.

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CORAM : ARIF S. DOCTOR, J. DATE : 15TH JANUARY 2025

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P.C. :

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This Court had on 10th February 2024 granted Succession Certificate in respect of certain securities belonging to one Padma Ramchandran Wd/o Doraiswamy Ramchandran, (‘the deceased’) to the Applicant. The said grant was uncontested.

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2. Learned Counsel appearing on behalf of the Applicant submits

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that after grant of Succession Certificate, the Applicant became aware that the

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Mugdha

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1 of 3

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2 17-IA 1612-24 in TP 674-23.doc

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deceased was entitled to certain additional shares, securities and dividend, the details whereof are more particularly set out at Exhibit ‘B’, which is the Schedule of amendment. It is thus that the present Interim Application has been filed.

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On a query from the Court as to on what basis these shares and securities stand in the name of the deceased and/or the deceased was entitled to the same, Mr. Saraf submitted that this was on the basis of an intimation received by the Applicant from the Share Transfer/Register Agent of the concerned Companies listed in the said Schedule. He has however not annexed the said email, but undertakes to file the same with an Affidavit. His statement is accepted.

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Hence, in view thereof, the Interim Application is allowed in terms

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of prayer clause (a), reproduced as under, subject to the Affidavit in compliance to be filed within a period of two weeks from today.

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“(a) That this Hon’ble Court may allow to amend the schedule of the Petition and subsequently the grant of succession certificate dated 10^th February, 2024 and consequential amendment if any.”

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