Sambhav Anil Dhruv vs Manilal Maganlal Dhruv (Deceased) — Bombay HC (2025) — LawSathi Research

Sambhav Anil Dhruv vs Manilal Maganlal Dhruv (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition for Succession Certificate granted; office to issue the Succession Certificate as prayed after verifying that no cross petition and no affidavit opposing the grant has been filed.

Issue for consideration

Whether a Succession Certificate in respect of certain securities of the deceased Manilal Maganlal Dhruv (who died intestate) should be granted to the petitioner Sambhav Anil Dhruv, grandson of the deceased, upon compliance with all legal formalities.

Court's answer

The affidavit dated 13.12.2024 for dispensation of identification proof of the deceased is accepted.

Ratio / Principle

Since separate court fees were paid in this petition, the office is directed not to treat the earlier TP No. 2936 of 2024 as a cross petition.

Key takeaways

The delay in completing the formalities is explained and is condoned.ratio¶9
All other legal formalities are complied with and the petition is granted.ratio¶9
The office is to issue the Succession Certificate as prayed, after verifying whether any cross petition or any affidavit opposing the grant has been filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary Petition TP/201/2025 (E-filing) - Called for Compliance: Petition by Sambhav Anil Dhruv, grandson of the deceased, for a Succession Certificate in respect of certain securities of Manilal Maganlal Dhruv, who died intestate at Mumbai on 08.08.1989. Counsel submitted that the deceased's son Anil died on 14.10.2024 leaving a widow and one son, that the deceased was survived by a daughter-in-law and one grandson (the petitioner), that the daughter-in-law's consent affidavit is on record, and that there are no other legal heirs. The affidavit dated 13.12.2024 dispensing identification proof of the deceased was accepted; the petitioner's oath, the Affidavit of Service of General Notice dated 14.02.2025 and the Administration Bond dated 14.07.2025 were filed; delay was explained and condoned. As the petitioner's father's earlier TP No. 2936 of 2024 (jointly held securities) had been withdrawn with liberty by order dated 23.07.2024 and separate court fees were paid on 17.12.2024 and 07.07.2025, the office was directed not to treat TP No. 2936 of 2024 as a cross petition. All legal formalities were found complied with and the petition was granted; the office is to issue the Succession Certificate as prayed after verifying that no cross petition or opposing affidavit has been filed. Order of Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, dated 11.08.2025.

SLG

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

CALLED FOR COMPLIANCE :

4 TP/201/2025 (E-filing)

Mr. Sameer Logade, Advocate for petitioner

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 Sambhav Anil Dhruv being grandson of deceased. Deceased namely Manilal Maganlal Dhruv died intestate at Mumbai on 08.08.1989. Copy of death certificate is annexed to the petition. Peitioner has filed Affidavit dated 13.12.2024 for dispensation of identification proof of deceased. The same is accepted.

Ld. Advocate for petitioner submits that parents of deceased predeeased the deceased. Widow of deceased since decease the deceased. Son of deceased namely Anil died on 14.10.2024 leaving behind his widow and one son. Deceased was survived by daughter-in-law and one grandsons. Out of them grandson is petitioner herein and the daughter-in-law has given her consent in favour of petitioner. Consent Affidavit is on record. There are no other legal heirs.

The para No. 9 of the petition states that father of petitioner has earlier filed TP No. 2936 of 2024 in respect of the securities jointly held by the deceased and his wife and same has been withdrawn with liberty to file fresh petition by an order dated 23.07.2024. The court fees for TP No. 2936 of 2024 is withdrawn by the petitioner therein. The petitioner has paid separate court fees in this petition on 17.12.2024 and 07.07.2025. Hence, office not to treat the said TP No. 2936 of 2024 as a cross petition.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 14.02.2025 and Administration Bond dated 14.07.2025 are filed. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

11.08.2025

SLG