Rasesh Babubhai Kanakia vs Babubhai Madhavji Kanakia Alias Babulal Madhavji Kanakia Alias B M Kanakia — Bombay HC (2025) — LawSathi Research

Rasesh Babubhai Kanakia vs Babubhai Madhavji Kanakia Alias Babulal Madhavji Kanakia Alias B M Kanakia — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter CALLED FOR COMPLIANCE: petitioner to pay separate court fees for the securities of deceased No. 2 (Sr. Nos. 2 and 12 of the schedule) and to correct the incorrect prayers; delay condoned; advocate to file praecipe for placing the matter on board once all compliance is done.

Issue for consideration

Whether separate court fees are payable for the securities at Sr. Nos. 2 and 12 of the schedule (valued Rs.17,77,200/- and Rs.12,42,400/-), those securities being independently owned by deceased No. 2. +2 more

Court's answer

The petitioner is required to pay separate court fees for the securities of deceased No. 2, namely the securities at Sr. Nos. 2 and 12 of the schedule valued at Rs.17,77,200/- and Rs.12,42,400/-, as those securities are independently owned by deceased No. 2.

Ratio / Principle

The prayers of the petition are incorrect and the advocate is to take steps accordingly.

Key takeaways

The delay is condoned.ratio¶9
The advocate for the petitioner is to file a praecipe to place the matter on board as and when all compliance is done.ratio¶10

Detailed headnote1 paragraphs

Compliance order dated 13.08.2025 passed by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, in e-filed Testamentary Petition No. 8 TP/2236/2025 seeking a Succession Certificate in respect of securities of the deceased, filed by Rajesh Babubhai Kanakia, son of the deceased. The petition was CALLED FOR COMPLIANCE: the securities at Sr. Nos. 2 and 12 of the schedule (Rs.17,77,200/- and Rs.12,42,400/-) were found to be independently owned by deceased No. 2, requiring the petitioner to pay separate court fees for those securities; the prayers of the petition were found incorrect and the advocate was directed to take steps accordingly. Delay was condoned. Consent affidavits of the other legal heirs (one son and four daughters) were on record with no other legal heirs; the petitioner's oath, the affidavit of service of general notice dated 04.07.2025 and the administration bond dated 03.07.2025 were filed. The advocate was directed to file a praecipe to place the matter on board once all compliance is completed.

SLG

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th August, 2025

CALLED FOR COMPLIANCE :

8 TP/2236/2025 (E-filing)

Mr. Sulay Mitra i/b. Parekh Krupa Rajesh, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that Sr. Nos. 2 and 12 of the schedule annexed to the petition having value of Rs.17,77,200/- and Rs.12,42,400/- are securities independently owned by deceased No. 2 hence, petitioner is required to pay separate court fees for the securities of deceased No. 2 . Prayers of the petition are incorrect hence, Advocate to take steps accordingly.

This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Rajesh Babubhai Kanakia being son of deceased. Deceased No. 1 namely Babubhai Madhavji Kanakia died intestate at Mumbai on 30.10.2006. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition. Deceased No. 1 namely Ramaben Babubhai Kanakia died intestate at Mumbai on 21.01.1999. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition.

It is not stated in the petition that deceased Nos. 1 and 2 are husband and wife. Ld. Advocate for petitioner states that deceased Nos. 1 and 2 are husband and wife. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by two sons and four daughters. Out of them one son is petitioner herein and another son and four daughters have given their consents in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 04.07.2025 and Administration Bond dated 03.07.2025 are filed. Delay is explained and same is condoned.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

13.08.2025

SLG