Allowed¶12

Shobha Nirmal Kumar Agarwal v. Shankutala Devi Dungershidas Jhunjhunwala (Deceased No 1)

Bombay HC5 Feb 2025TP/4630/2024

Case brief

AI extract

What is this about?

Succession Certificate granted (order dated 06.10.2025, Company Registrar / Testamentary Registrar, 6 TP/4630/2024) to Shobha Nirmal Kumar Agarwal, daughter, for securities of two intestate deceased spouses, Shakuntala Devi Dungershidas Jhunjhunwala (d. 10.05.1993) and Dungershidas Madanlal Jhunjhunwala (d. 12.11.2010); separate court fees of Rs.30,000/- and Rs.75000/- paid for each deceased; consents of all other heirs on record; general notice, administration bond and oath filed; delay condoned; petition granted subject to verification of no cross petition or opposition.

What did the court decide?

Succession Certificate to be issued by the Office as prayed, subject to verification that no cross petition or Affidavit opposing the grant is filed. ¶12

Shobha Nirmal Kumar Agarwal vs Shankutala Devi Dungershidas Jhunjhunwala (Deceased No 1) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate to be issued by the Office as prayed, subject to verification that no cross petition or Affidavit opposing the grant is filed.

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Issue for consideration

Whether separate court fees were payable for each deceased (the scheduled properties not being jointly owned) and whether the petitioner has duly paid them. +1 more

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Court's answer

The Court recorded that separate court fees had been paid for each deceased — Rs.30,000/- for deceased No. 1 under GRN No. MH008792431202526P and Rs.75000/- for deceased No. 2 under GRN No. MH002449645202425E.

¶6

Ratio / Principle

The Court accepted the petitioner's undertaking not to seek refund of the court fees paid in the present petition.

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Key takeaways

Dispensation of identification proof of deceased No. 1 sought by Affidavit dated 05.06.2024 was accepted.ratio¶7
Delay in filing the Affidavit of Service and Administration Bond was explained and condoned; all other legal formalities having been complied with, the petition was granted.ratio¶12
The Office was directed to issue the Succession Certificate as prayed, after verifying that no cross petition or opposing affidavit has been filed.ratio

Detailed headnote1 paragraphs

Testamentary Petition (6 TP/4630/2024, E-filing) decided 06.10.2025 by the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar): petition by Shobha Nirmal Kumar Agarwal, daughter, for a Succession Certificate in respect of certain securities of two deceased — Shakuntala Devi Dungershidas Jhunjhunwala (died intestate at Mumbai on 10.05.1993) and her husband Dungershidas Madanlal Jhunjhunwala (died intestate at Mumbai on 12.11.2010). As the scheduled properties were not jointly owned, separate court fees were paid for each deceased (Rs.30,000/- under GRN No. MH008792431202526P and Rs.75000/- under GRN No. MH002449645202425E) with an undertaking not to seek refund. The deceased's son Omprakash died on 22.03.2021 leaving a widow, one son and three daughters; all surviving heirs other than the petitioner consented, with Consent Affidavits on record. Petitioner's oath, Affidavit of Service of affixation of General Notice dated 18.02.2025 and Administration Bond dated 10.02.2025 were filed; delay condoned; dispensation of identification proof of deceased No. 1 accepted. Petition granted; Office to issue the Succession Certificate after verifying that no cross petition or opposing affidavit is on file.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6^th October, 2025

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CALLED FOR COMPLIANCE :

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6 TP/4630/2024 (E-filing)

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Ms. Sonali Holkar, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Petitioner has filed Affidavit dated 16.09.2025 stating therein that the properties mentioned in the Schedule is not jointly owned by the deceased therefore petitioner is required to pay separate court fees for each deceased as per its valuation. LD. Advoate for petitioner states that she has filed separate court fees of Rs.30,000/- for the deceased namely Shakuntala Devi Dungershidas Jhunjhunwala by GRN No. MH008792431202526P and court fees of Rs.75000/- is already paid for the deceased namely Dungershidas Madanlal Jhunjhunwala by GRN No. MH002449645202425E. Ld. Advocate for petitioner undertakes not to seek refund of court fees on behalf of petitioner in the present petition for the aforesaid court fees paid.

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This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Shobha Nirmal Kumar Agarwal being daughter of deceased. Deceased No. 1 namely Shakuntala Devi Dungershidas Jhunjhunwala died intestate at Mumbai on 10.05.1993. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 05.06.2024 for dispensation of identification proof of deceased No. 1. The same is accepted.

¶8

Deceased No. 2 namely Dungershidas Madanlal Jhunjhunwala died intestate at Mumbai on 12.11.2010. Copy of death certificate is annexed to the petition. Identification proof of deceased No. 2 namely Pancard is annexed to the petition.

¶9

Ld. Advocate for petitioner submits that deceased were husband and wife and their son namely Omprakash died on 22.03.2021 leaving behind his widow, one son and three daughters. Both the deceased are survived by two daughters, one daughter-in-law, one grandson and three granddaughters. Out of them one daughter is petitioner herein and all other legal heirs have given their consents in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs. ….2

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SLG

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-- 2 --

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Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 18.02.2025 and Administration Bond dated 10.02.2025 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.

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06.10.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Shobha Nirmal Kumar Agarwal v. Shankutala Devi Dungershidas Jhunjhunwala (Deceased No 1)

Case brief

What is this about?

What did the court decide?

Shobha Nirmal Kumar Agarwal v. Shankutala Devi Dungershidas Jhunjhunwala (Deceased No 1)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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