Ajay Sarat Chandra Karmakar v. Sarat Chandra Karmakar (Deceased)

Bombay HC13 Jan 2025TP/4906/2024

Case brief

AI extract

What is this about?

Succession Certificate granted to Ajay Sarat Chandra Karmakar (son) for securities of Sarat Chandra Karmakar, died intestate 02.12.1976 at Howrah; heirs' consent affidavits; General Notice affidavit of service 18.09.2025; Administration Bond 12.11.2025; delay condoned; TP/4906/2024; Testamentary Registrar order dated 15.12.2025.

What did the court decide?

Grant of Succession Certificate in respect of the deceased Sarat Chandra Karmakar's securities to the petitioner Ajay Sarat Chandra Karmakar; Office to issue the certificate after verifying that no cross petition or affidavit opposing the grant has been filed. ¶¶8

Ajay Sarat Chandra Karmakar vs Sarat Chandra Karmakar (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶8

Issue for consideration

Whether the Succession Certificate petition satisfied all legal formalities (including heirs' consent, notice, administration bond and condonation of delay) so as to justify grant of the certificate.

¶¶8

Ratio / Principle

The affidavit dated 09.10.2023 explaining non-availability of the deceased's identification proof was accepted by the Registrar.

¶¶6

Key takeaways

The delay in filing the affidavit of service of the General Notice and the Administration Bond was explained and condoned.ratio¶¶8
All other legal formalities having been complied with, the petition for the Succession Certificate was granted.ratio¶¶8
The Registrar directed the Office to issue the Succession Certificate as prayed, after verifying whether any cross petition or any affidavit opposing the grant has been filed.ratio

Detailed headnote1 paragraphs

Succession Certificate (TP/4906/2024, e-filed): Petition of Ajay Sarat Chandra Karmakar, son of Sarat Chandra Karmakar who died intestate at Howrah, West Bengal on 02.12.1976, for a Succession Certificate over the deceased's securities was granted on 15.12.2025 by Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar. Recorded compliance: affidavit dated 09.10.2023 on non-availability of the deceased's identification proof accepted; the deceased's parents and widow predeceased him, son Prasanta died unmarried, and the surviving heirs (two daughters and two sons) consented by affidavits, there being no other legal heirs; petitioner's oath, affidavit of service of General Notice dated 18.09.2025 and Administration Bond dated 12.11.2025 filed; delay condoned. Office directed to issue the certificate after verifying that no cross petition or affidavit opposing the grant exists.

Ajay Sarat Chandra Karmakar v. Sarat Chandra Karmakar (Deceased)

Case brief

What is this about?

What did the court decide?

Ajay Sarat Chandra Karmakar v. Sarat Chandra Karmakar (Deceased)

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

All orders in this case

Similar cases

Ganesh Ramchandra Ranjane vs Ramchandra Bhikaji Ranjane (Deceased)

Adi Keki Motafram vs Sorab Jeejeebhoy Divecha (Deceased)

Arlindo a. De Souza vs David a. De Souza

Maharsh Sandeep Gupta vs Sandeep Surinderpal Gupta

Nixon Michael Raj vs Michael Raj

Rustam C. Patel vs Cawasji N. Patel (Deceased)