Allowed¶12

Vijay Kantilal Thanawala v. Kusum Kantilal Thanawala

Bombay HC17 Jun 2025TP/2438/2025

Case brief

AI extract

What is this about?

Testamentary Petition 32 TP/2438/2025, decided 21.07.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar. Succession Certificate for securities of Kusum Kantilal Thanawala (died intestate, Thane, 21.03.1998); petitioner Vijay Kantilal Thanawala (son); prior grant TP/2363/2022 (04.01.2023) to Anil Kantilal Thanawala, lapsed on his death; consents of surviving heirs; Administration Bond 26.06.2025; General Notice 01.07.2025; petition granted subject to surrender of earlier grant.

What did the court decide?

Succession Certificate to be issued as prayed, subject to verification that no cross petition or opposing affidavit is filed and surrender of the earlier grant issued in TP/2363/2022. ¶12

Vijay Kantilal Thanawala vs Kusum Kantilal Thanawala — Bombay HC (2025) — LawSathi Research

¶1

SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21^st July,, 2025

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CALLED FOR COMPLIANCE :

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32 TP/2438/2025

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Mr. Jyoti Badgujar a/w Adv. Sanaa Varhadi i/b. Lakdawala and Company, 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 Vijay Kantilal Thanawala, who is son of deceased. Deceased namely Kusum Kantilal Thanawala, said to be died intestate at Thane on 21.03.1998. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Affidavit of dispensing is ID proof annexed to the petition.

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Ld. Advocate for petitioner submits that the parents and husband of deceased predeceased the deceased. Deceased was survived by one son Anil Kantilal Thananwala, who expired on 03.07.2024 died as widower and died issue-less. One son namely Kanaiyalal Kantilal Thanawala expired on 31.10.2024, died leaving behind his widow and one son. Therefore, deceased was survived by two sons, one daughterin-law and one grand-son. The son Satish Kantilal Thanawala has filed the Consent Affidavit through the power of Attorney holder who is petitioner herein. The copy of Power of Attorney is annexed to the petition. Out of them one son is petitioner herein and daughter-in-law and the grand son have given consent in favour of the petitioner. Consent Affidavit are on record. There are no other legal heirs.

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Advocate for petitioner submits that earlier Mr. Anil Kantilal Thananawala, son of the deceased has filed the petition bearing no. TP/2363/2022 for the estate of the same deceased and the grant was issued on 04.01.2023 but the Anil Kantilal Thanawala expired without administering the property of the deceased. Hence, this petition is filed by Vijay Kantilal Thanawala, another son of the deceased. Advocate for petitioner submits that the full Court fees already paid in TP/2363/2022. Petitioner to surrender the grant issued in TP/2363/2022 immediately to this Registry.

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SLG

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 01.07.2025 and Administration Bond dated 26.06.2025 are filed separately through e-filing. Delay is explained. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed and grant is surrendered to this Registry which was issued in TP/2363/2022.

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21.07.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Vijay Kantilal Thanawala v. Kusum Kantilal Thanawala

Case brief

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Vijay Kantilal Thanawala v. Kusum Kantilal Thanawala

Case brief

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