Sadhanaben Ramanbhai Patel-Barber and Anr. vs Ramanbhai Prabhudas Patel Alias Ramanlal Prabhudas Patel (Deceased) — Bombay HC (2025) — LawSathi Research

Sadhanaben Ramanbhai Patel-Barber and Anr. vs Ramanbhai Prabhudas Patel Alias Ramanlal Prabhudas Patel (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition for Succession Certificate granted; certificate to be issued as prayed to the petitioner-daughters after they deposit Rs. 4,63,329.33 (the non-consenting legal heir's 1/3rd share) by Demand Draft in favour of the Prothonotary and Senior Master, High Court, Bombay, and the Cash Section confirms receipt, subject to verification that no cross petition or opposing affidavit is filed.

Issue for consideration

Whether a Succession Certificate should be granted to the petitioners (daughters of the deceased) in respect of certain debts belonging to the deceased Ramanbhai Prabhudas Patel. +1 more

Court's answer

Delay is explained and condoned; all other legal formalities are complied with; hence the petition is granted.

Ratio / Principle

Upon depositing the amount of Rs. 4,63,329.33, an Administration Bond is not required to be filed as there are no legal heirs for justification of their shares.

Key takeaways

The office is to issue the Succession Certificate as prayed, upon submission of proof of deposit of Rs. 4,63,329.33 with the Prothonotary and Senior Master and receipt of confirmation from the Cash Section Department, after verifying that no cross petition or Affidavit opposing the grant has been filed.ratio¶14

Detailed headnote1 paragraphs

Succession Certificate petition (TP/300/2025, E-filing) before the Company Registrar / Testamentary Registrar, High Court, Bombay, filed by two daughters of Ramanbhai Prabhudas Patel, who died intestate at Mumbai on 19.11.2021 leaving certain debts. Parents, wife, and one daughter (Elaben, died issue-less on 05.04.2020) predeceased the deceased; the surviving son, Ashok Kumar Patel, did not consent and was served citation through the office of the Sheriff, Mumbai (Affidavit of Service dated 24.04.2025); General Notice affixed 29.03.2025. By praecipe dated 09.09.2025 the petitioners computed the son's 1/3rd share at Rs. 4,63,329.33 and undertook to deposit it by Demand Draft in favour of the Prothonotary and Senior Master, High Court, Bombay. Held: upon such deposit no Administration Bond is required as there are no other legal heirs; delay condoned; all legal formalities complied with; petition granted. Office to issue the Succession Certificate as prayed after proof of deposit and confirmation from the Cash Section Department, upon verifying that no cross petition or Affidavit opposing the grant is filed; the praecipe dated 09.09.2025 to be maintained with the order.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23^rd September, 2025

CALLED FOR COMPLIANCE :

11 TP/300/2025 (E-filing)

Ms. Juilee Ghadge, Advocate for petitioners

PC : 1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Succession Certificate in respect of certain debts belonging to deceased filed by petitioners namely Sadhanaben Ramanbai Patel-Barber and Vasantiben Patel being daughters of deceased. Deceased namely Ramanbhai Prabhudas Patel died intestate at Mumbai on 19.11.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition.

Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased had three daughters and one son. One daughter of deceased namely Elaben died issue-less on 05.04.2020. Deceased was survived by two daughters and one son. Out of them two daughters are petitioners herein and the son has been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 24.04.2025 is filed to that effect. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 29.03.2025 is filed. Petitioners are therefore, required to deposit the share of non-consenting legal heir being son of deceased namely Ashok Kumar Patel.

Ld. Advocate for petitioner has filed praecipe dated 09.09.2025 explaining the calculations of the amount paybale to the said non-consenting legal heir which is 1/3rd share and total of the same comes to Rs. 4,63,329.33 only. Petitioners undertakes to deposit the same amount in the office of Prothonotary and Senior Master by way of Demand Draft in favour of the Prothonotary and Senior Master, High Court, Bombay.

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SLG

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Upon depositing the amount of Rs. 4,63,329.33, Administration Bond is not required to file as there are no legal heirs for justification of their shares. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

Ld. Advocate submitting the proof of deposit amount of Rs. 4,63,329.33 in the office of the Prothontary and Senior Master, High Court, Bombay and on receipt of confirmation from the Cash Section Department, office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. The said praecipe dated 09.09.2025 is required to be maintained with the present order.

23.09.2025

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR