Kamalkant Mahavirprasad Sahewala vs Mahavirprasad Pokarmal Sahewala (Deceased) — Bombay HC (2025) — LawSathi Research

Kamalkant Mahavirprasad Sahewala vs Mahavirprasad Pokarmal Sahewala (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate granted to the Petitioner in respect of the debts set forth in Schedule-I, with power to collect the said debts, receive interest, and negotiate or transfer them; proclamation dispensed with; Department to issue the Succession Certificate within 3 weeks, the period to run from removal of office objections.

Issue for consideration

Whether a Succession Certificate should be granted to the Petitioner in respect of the debts set forth in Schedule-I of the Petition, belonging to the deceased, with power to collect the said debts, receive interest, and negotiate or transfer them.

Court's answer

After perusing the legal heirs' details, the purpose of the Petition, and the three consent affidavits of the legal heirs dated 04.07.2025, the Court found there could be no impediment in allowing the Petition.

Ratio / Principle

The Petition is allowed and disposed of in terms of prayer clause (a): a Succession Certificate is to be granted to the Petitioner in respect of the debts set forth in Schedule-I, with power to collect the said debts, receive interest, and negotiate or transfer the said debts thereon.

Key takeaways

Issuance of proclamation is dispensed with.ratio¶20
The Department is directed to issue the Succession Certificate as directed above within a period of 3 weeks positively.ratio¶21
The Petition is allowed and disposed subject to compliance of office objections, if any, which shall be allowed by the Department, and it is clarified that the 3-week period shall start from the date of removal of office objections.ratio

Detailed headnote1 paragraphs

Testamentary Petition (Bombay High Court, Testamentary and Intestate Jurisdiction) by Kamalkant Mahavirprasad Sahewala, seeking a Succession Certificate in respect of securities/debts of the deceased Mahavir Prasad Pokarmal Sahewala set forth in Schedule-I of the Petition. With three consent affidavits dated 04.07.2025 of the legal heirs on record, the Court (Milind N. Jadhav, J.) found no impediment, allowed and disposed of the Petition in terms of prayer clause (a), granting the Succession Certificate with power to collect the debts, receive interest, and negotiate or transfer them; proclamation was dispensed with, and the Department was directed to issue the Certificate within three weeks, subject to clearance of office objections (the three-week period to run from their removal). Decided October 13, 2025.

P24. TP-1291-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY PETITION NO. 1291 OF 2025

Mahavir Prasad Pokarmal Sahewala .. Deceased

Kamalkant Mahavirprasad Sahewala .. Petitioner

Mr. Dinesh Arjun Wani i/by Mr. R.T. Kharwar, Advocate for Petitioner

CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 13, 2025

P. C.:

1. Not on board. Mentioned.

2. Heard Mr. Wani, learned Advocate for Petitioner.

3. Present Petition is filed by Petitioner for issuance of Succession Certificate in respect of certain Securities belonging to deceased abovenamed. The names and details of legal heirs of the deceased are stated in paragraph No. 4 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 8 of the Petition. I have perused the same.

4. Three consent affidavits dated 04.07.2025 of the legal heirs whose details are stated in the Petitioner are filed on record and appended to the Petition. I have perused the same.

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P24. TP-1291-25.docx

5. In view of the above, there can be no impediment in allowing

the Petition. Petition is allowed and disposed of in terms of prayer clauses (a) which read thus:-

"(a) That Succession certificate may be granted to the Petitioner in respect of the debts on set forth in Schedule — I hereto with Power to collect the said debts and to receive interest and to negotiate or transfer the said debts thereon"

6. Issuance of proclamation stands dispensed with.

7. Department is directed to issue the Succession Certificate as directed above within a period of 3 weeks from today positively.

8. Petition is allowed and disposed subject to compliance of office

objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2025.10.14 19:36:18 +0530

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