Disposed¶4

Livia Salian W/o Bhaskar Salian v. Dominic Francis Lopes

Bombay HC20 Jun 2025TP/1937/2025

Case brief

AI extract

What is this about?

succession certificate; testamentary petition; TP/1937/2025; intestate death; securities; granddaughter petitioner; Livia Salian; Dominic Francis Lopes; Livia Lopes; consent affidavits; legal heirs; Philomena Lopes consent not filed; affidavit of service; general notice affixation; dispensation of identification proof; petitioner's oath; administration bond; delay condoned; called for compliance; praecipe; Company Registrar; Testamentary Registrar; K. Y. Ambekar; 11.08.2025.

What did the court decide?

Dispensation affidavit accepted and delay in filing Administration Bond condoned; matter called for compliance with direction to file praecipe on completion of compliance — Succession Certificate not yet granted. ¶4

Livia Salian W/o Bhaskar Salian vs Dominic Francis Lopes — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether all procedural compliance requirements for grant of the Succession Certificate (consents of all legal heirs, affidavit of service of General Notice, oath, administration bond) are satisfied. +1 more

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Court's answer

The affidavit dated 23.01.2025 seeking dispensation of identification proof of deceased Nos. 1 and 2 is accepted.

¶1

Ratio / Principle

Delay in filing the Administration Bond dated 28.07.2025 is explained and condoned.

¶3

Key takeaways

Order 'Called for Compliance': the petition remains on board subject to completion of outstanding compliance (consent of Philomena Lopes; affidavit of service of affixation of General Notice), and the advocate is to file a praecipe to place the matter on board once all compliance is done.ratio¶4

Detailed headnote1 paragraphs

Testamentary side — Succession Certificate petition (19 TP/1937/2025, E-filing): Petition by Livia Salian, granddaughter of the deceased, for a Succession Certificate to certain securities of deceased No. 1 Dominic Francis Lopes (died intestate at Mumbai on 07.10.1974) and deceased No. 2 Livia Lopes (died intestate at Mumbai on 19.07.1973), husband and wife survived by grandsons, a granddaughter and a daughter among their heirs. Consents of all legal heirs were on record except that of daughter-in-law Philomena Lopes, and the Affidavit of Service of affixation of the General Notice had not been filed. The affidavit dated 23.01.2025 seeking dispensation of identification proof of the deceased was accepted; petitioner's oath was filed; the Administration Bond dated 28.07.2025 was taken on record with its delay explained and condoned. By order styled 'CALLED FOR COMPLIANCE', Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar (11.08.2025), directed the advocate to file a praecipe to place the matter on board as and when all compliance is done. No Succession Certificate was granted at this stage.

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 11^th August, 2025

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CALLED FOR COMPLIANCE :

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19 TP/1937/2025 (E-filing)

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Mr. Jayant Wani, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Livia Salian being granddaughter of deceased. Deceased No. 1 namely Dominic Francis Lopes died intestate at Mumbai on 07.10.1974. Copy of death certificate is annexed to the petition. Deceased No. 2 namely Livia Lopes died intestate at Mumbai on 19.07.1973. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 23.01.2025 for dispensation of identification proof of deceased No. 1 and 2. The same is accepted.

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Ld. Advocate for petitioner submits that parents of deceased Nos. 1 and 2 predeceased the deceased. Ld. Advocate for petitioner states that the deceased Nos. 1 and 2 were husband and wife. Both the deceased had two sons and one daughter. One son of both the deceased namely Malcolm died leaving behind his one son only. Son of said Malcolm died leaving behind two sons. Out fo them one son namely Melvyn died on 06.01.2023 leaving behind widow and one son and one daughter. Deceased Nos. 1 and 2 were survived by two daughter-in-laws, one granddaughter, two grandsons, one daughter. Out of them granddaughter is petitioner herein. Consent of daughter-in-law namely Philomena Lopes is not filed. All other legal heirs have given their consents in favour of petitioner. Consent Affidavits are on record.

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Petitioner's oath is filed. Affidavit of Service of affixation of General Notice is not filed . Administration Bond dated 28.07.2025 is filed. Delay is explained and same is condoned.

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Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter.

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COMPANY REGISTRAR /

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TESTAMENTARY REGISTRAR

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11.08.2025

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SLG

Livia Salian W/o Bhaskar Salian v. Dominic Francis Lopes

Case brief

What is this about?

What did the court decide?

Livia Salian W/o Bhaskar Salian v. Dominic Francis Lopes

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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