Allowed¶¶8

Pragna Nishit Kapadia v. Nishika Narottam Dutia Alias Nishika Dutia (Deceased)

Succession Certificate – Testamentary Petition TP/4591/2024

Bombay HC24 Feb 2025TP/4591/2024

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What is this about?

Succession certificate; intestate death at Mumbai on 08.12.2001; married daughter as petitioner; consent affidavits by daughter-in-law as natural guardian of minor grandson; condonation of delay; court fee exemption by order dated 14.08.2024 as fees paid in TP-3583-2021; direction to surrender original grant in TP-3583-2021; order by Company Registrar / Testamentary Registrar Mrs. K. Y. Ambekar dated 23.06.2025.

What did the court decide?

Succession Certificate to be issued to the petitioner as prayed, subject to verification that no cross petition or opposing affidavit is filed, and subject to surrender of the original grant in TP-3583-2021. ¶¶8

Pragna Nishit Kapadia vs Nishika Narottam Dutia Alias Nishika Dutia (Deceased) — Bombay HC (2025) — LawSathi Research

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Ajay

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd June, 2025

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CALLED FOR COMPLIANCE :

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2 TP/4591/2024 (E-filing)

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Mr. Sumeet Jalgaonkar, Advocate for petitioner.

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P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts and securities belonging to deceased filed by petitioner namely Pragna Nishit Kapadia being Married daughter of deceased. Deceased namely Nishika Narottam Dutta died intestate at Mumbai on 08.12.2001. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election card is already annexed to the petition.

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Ld. Advocate for petitioner submits that parents of the deceased predeceased the deceased. The husband of the deceased died on 20.05.2020. One son of the deceased Deepak expired on 05.01.2023 died leaving behind his wife and one son. Therefore, deceased was survived by daughter, one daughter-in-law and one grand-son. Out of them daughter is petitioner herein and the Daughter-in-law has given consent for her self and on behalf grand-son of the deceased, who is minor being mother and natural guardian of the minor. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 21.10.2024 and Administration Bond dated 23.10.2024 are filed. Delay is explained and same is condoned. 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. …..2

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Ajay

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By an order dated 14.08.2024 the petitioner is exempted for payment of court fees as the court fees is already paid in TP-3583-2021. In para no. 9 of the petition states that though the grant was issued in TP-3583-2021 in favour of the Deepak Narottan Dutia, however he died without Administering the property mentioned in the schedule of the said petition. The petitioner is directed to surrender the original grant TP-3583-2021 in the department. Office to issue grant in this petition after the grant in TP-3583-2021 surrendered by the petitioner.

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23.06.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Pragna Nishit Kapadia v. Nishika Narottam Dutia Alias Nishika Dutia (Deceased)

Case brief

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Pragna Nishit Kapadia v. Nishika Narottam Dutia Alias Nishika Dutia (Deceased)

Case brief

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