Kenneth Dennis Anthony D Souza vs Lizzie Dsouza… — Succession and Inheritance | Bombay HC (2025)

Kenneth Dennis Anthony D Souza vs Lizzie Dsouza… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Testamentary Petition allowed and disposed of in terms of prayer clause (a) of para No. 11: Succession certificate granted to the Petitioner in respect of the Securities in Schedule-1, with power to collect, negotiate or transfer the said Debts/Securities and to receive dividends; Department directed to issue the Letters of Administration within 3 weeks; subject to compliance of office objections, if any.

Issue for consideration

Whether Letters of Administration should be issued to the Petitioner under Section 278 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Lizzie D’Souza. +1 more

Court's answer

Having perused the names and details of legal heirs (para 4) and the purpose of the Petition (para 7), and with the consent affidavits of the legal heirs on record, the Court held there could be no impediment in allowing the Petition.

Ratio / Principle

The Testamentary Petition is allowed and disposed of in terms of prayer clause in para No. 11, i.e., grant of a Succession certificate to the Petitioner in respect of the Securities set forth in Schedule-1 with power to collect, negotiate or transfer the said Debts/Securities and to receive dividend thereon.

Key takeaways

The Department is directed to issue the Letters of Administration as directed above within a period of 3 weeks from the date of the order, positively.ratio¶19
The Testamentary Petition is allowed and disposed of subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Testamentary Petition No. 3725 of 2024, decided 25.11.2025 (Milind N. Jadhav, J.). Petitioner Kenneth Dennis Anthony D'Souza sought Letters of Administration under Section 278 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Lizzie D'Souza. Details of legal heirs (para 4), purpose of the Petition (para 7) and consent affidavits dated 28.06.2023 of legal heir Jennifer Philomena D'Souza and other legal heirs (page 21) were on record. Holding there was no impediment, the Court allowed and disposed of the Petition in terms of prayer clause (a) of para 11 — grant of a Succession certificate to the Petitioner in respect of the Securities in Schedule-1, with power to collect, negotiate or transfer the Debts/Securities and receive dividends — and directed the Department to issue the Letters of Administration within 3 weeks, subject to compliance of office objections, if any.

P13.TP.3725.2024.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION

TESTAMENTARY PETITION NO. 3725 OF 2024

Lizzie D’Souza .. Deceased Kenneth Dennis Anthony D’Souza .. Petitioner

Mr. Dinesh Arjun Wani i/b Clifford Markis, Advocates for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 25, 2025.

P.C.:

1. Heard Mr. Wani, learned Advocate for Petitioner.

2. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration under Section 278 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Lizzie D’Souza. The names and details of legal heirs of the deceased are stated in paragraph No. 4 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 7of the Petition. I have perused the same.

3. Consent affidavits dated 28.06.2023 of Jennifer Philomena

D’Souza, the legal heirs of the deceased are appended to page No. 21 of the Petition.

4. In view of the above, there can be no impediment in

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P13.TP.3725.2024.doc

allowing the Petition. Testamentary Petition is allowed and disposed of

in terms of prayer clause in para No. 11 which reads thus:-

“(a) That the Succession certificate may be granted to the Petitioner in respect of the Securities as set forth in Schedule-1 hereto with power to collect the said Debts and to negotiate or transfer the said Debts and transfer, negotiate or otherwise deal with the said Securities and to receive dividend thereon.”

5. Department is directed to issue the Letters of Administration

as directed above within a period of 3 weeks from today positively.

6. Testamentary Petition is allowed and disposed subject to

compliance of office objections, if any, forthwith which shall be

allowed by the Department.

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2025.11.27 12:06:05 +0530

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