Allowed¶8

Tejal Preetesh Patel v. Pritesh Vallabhbhai Patel Alias Preetesh Vallahbhai Patel (Deceased)

Bombay HC28 Mar 2025TP/1446/2025

Case brief

AI extract

What is this about?

succession certificate; intestate succession; testamentary petition 11 TP/1446/2025; widow petitioner Tejal Preetesh Patel; deceased Pritesh Vallabhbhai Patel died 28.11.2019 at Gujarat; daughter's consent affidavit; no other legal heirs; general notice affixation 23.05.2025; administration bond 04.06.2025; delay condonation; compliance of legal formalities; Company Registrar / Testamentary Registrar Mrs. K. Y. Ambekar; grant of certificate; verification of cross petition or opposing affidavit; securities of deceased.

What did the court decide?

Petition granted; Succession Certificate to be issued to the petitioner (widow of the deceased) as prayed, subject to the Office verifying that no cross petition or opposing affidavit is filed. ¶8

Tejal Preetesh Patel vs Pritesh Vallabhbhai Patel Alias Preetesh Vallahbhai Patel (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition granted; Succession Certificate to be issued to the petitioner (widow of the deceased) as prayed, subject to the Office verifying that no cross petition or opposing affidavit is filed.

¶8

Issue for consideration

Whether a Succession Certificate in respect of the securities belonging to the deceased should be granted to the petitioner, the widow of the deceased who died intestate. +1 more

¶6

Court's answer

The deceased was survived by his widow, who is the petitioner herein, and by one daughter, who gave her consent in favour of the petitioner.

¶7

Ratio / Principle

All legal formalities stand complied with and the testamentary petition for the Succession Certificate is granted.

¶8

Key takeaways

The delay in completing the formalities is explained and is condoned.ratio¶8
There are no other legal heirs of the deceased besides the widow and the consenting daughter.ratio¶7
The Office is to issue the Succession Certificate as prayed, after verifying whether any cross petition or any Affidavit opposing the grant is filed.ratio¶9

Detailed headnote1 paragraphs

Compliance order dated 11.08.2025 passed by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, on Testamentary Petition 11 TP/1446/2025. Petitioner Tejal Preetesh Patel, widow of Pritesh Vallabhbhai Patel who died intestate at Gujarat on 28.11.2019, sought a Succession Certificate in respect of certain securities belonging to the deceased. The deceased's parents predeceased him; he was survived only by his widow and one daughter, and the daughter's Consent Affidavit favouring the petitioner was on record with no other legal heirs. With the petitioner's oath filed, Affidavit of Service of affixation of General Notice dated 23.05.2025 and Administration Bond dated 04.06.2025 filed, delay explained and condoned, and all legal formalities complied with, the petition was granted and the Office was directed to issue the Succession Certificate as prayed after verifying that no cross petition or Affidavit opposing the grant is filed. Advocates: R. T. Kharwar i/b N R Pandey for the petitioner.

Tejal Preetesh Patel v. Pritesh Vallabhbhai Patel Alias Preetesh Vallahbhai Patel (Deceased)

Case brief

What is this about?

What did the court decide?

Tejal Preetesh Patel v. Pritesh Vallabhbhai Patel Alias Preetesh Vallahbhai Patel (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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