Subhash Purushottam Parabdesai vs Purushottam Vithal Parabdesai (Deceased) — Bombay HC (2025) — LawSathi Research

Subhash Purushottam Parabdesai vs Purushottam Vithal Parabdesai (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of Succession Certificate in respect of the securities of the deceased Purushottam Vithal Parabdesai, to be issued by the Office after the corrected petition is uploaded on the official portal of the Bombay High Court and after verification that no cross petition or affidavit opposing the grant is filed.

Issue for consideration

Whether the petitioner, a son of the deceased, is entitled to a Succession Certificate in respect of the securities belonging to the deceased. +2 more

Court's answer

Parents and wife of the deceased predeceased the deceased; son Sudhir died issue-less, leaving behind his widow.

Ratio / Principle

Leave granted to the petitioner to amend para 4 of the petition to mention the relation of the deceased with Anuradha; corrections to be carried out within twelve weeks and the corrected petition re-uploaded on the official portal of the Bombay High Court.

Key takeaways

The petitioner's Affidavit dated 03.12.2024 for dispensation of identification proof of the deceased is accepted.ratio¶7
The deceased was survived by two sons, one daughter and one daughter-in-law; one of the sons is the petitioner.ratio¶8
The other son, the daughter and the daughter-in-law gave their consents in favour of the petitioner; consent affidavits are on record and there are no other legal heirs.ratio

Detailed headnote1 paragraphs

Bombay High Court, Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar), Testamentary Petition TP/306/2025 (E-filing), order dated 13.08.2025: Petition by Subhash Purushottam Parabdesai, son of deceased Purushottam Vithal Parabdesai (died intestate at Mumbai on 14.12.1984), for Succession Certificate in respect of securities of the deceased. Leave granted to amend para 4 of the petition to mention the relation of the deceased with Anuradha, corrections to be carried out within twelve weeks and the corrected petition re-uploaded on the official portal of the Bombay High Court. Affidavit dated 03.12.2024 for dispensation of identification proof of the deceased accepted. Parents and wife of the deceased predeceased him; son Sudhir died issue-less leaving behind his widow; the deceased was survived by two sons, one daughter and one daughter-in-law, who (other than the petitioner) gave consent affidavits in favour of the petitioner; no other legal heirs. Delay in filing the Affidavit of Service of General Notice dated 18.07.2025 and Administration Bond dated 17.02.2025 condoned; all legal formalities complied with; petition granted. Office to issue the Succession Certificate after the corrected petition is uploaded and after verifying that no cross petition or affidavit opposing the grant is filed.

SLG

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

CALLED FOR COMPLIANCE :

5 TP/306/2025 (E-filing)

Ms. Mamata Dabhade, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Petitioner is granted to leave to amend the petition to mention the relation of the deceased with Anuradha in para No. 4 of the petition. Ld. Advocate for petitioner to carry out the said corrections within twelve weeks from the date of uploading of this order. Ld. Advocate for petitioner to re-upload the corrected petition on the official portal of the Bombay High Court.

This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Subhash Purushottam Parabdesai being son of deceased. Deceased namely Purushottam Vithal Parabdesai died intestate at Mumbai on 14.12.1984. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 03.12.2024 for dispensation identification proof of deceased. The same is accepted.

Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Son of deceased namely Sudhir died issue-less, leaving behind his widow. Deceased was survived by two sons, one daughter and one daughter-in-law. Out of them one son is petitioner herein and the another son, daughter and daughter-in-law 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 18.07.2025 and Administration Bond dated 17.02.2025 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 soon as after uploading the corrected petition on the official portal of the Bombay High Court and after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed.

COMPANY REGISTRAR / 13.08.2025 TESTAMENTARY REGISTRAR

SLG