Allowed¶11

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Bombay HC14 Oct 2025TP/535/2024

Case brief

AI extract

What is this about?

Succession Certificate; intestate death of Sheroo Jal Cooper at Mumbai on 12.01.2015; petition by maternal cousin sister Roshan Hormusji Choksey claiming to be sole surviving heir; office objections regarding traced cross petition (TS No. 97 of 2017 in TP No. 2080 of 2016) settled via Interim Application No. 3752 of 2024 allowed 17.09.2025; General Notice affixed 15.03.2024; Administration Bond dated 28.02.2024; delay condoned; petition granted 14.10.2025 by Company Registrar / Testamentary Registrar; TP/535/2024.

What did the court decide?

Succession Certificate in favour of the petitioner as prayed, to be issued by the Office after verifying whether any other cross petition is filed or whether any Affidavit opposing grant is filed. ¶11

Roshan Hormusji Choksey vs Sheroo Jal Cooper (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate in favour of the petitioner as prayed, to be issued by the Office after verifying whether any other cross petition is filed or whether any Affidavit opposing grant is filed.

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Issue for consideration

Whether a Succession Certificate should be granted to the petitioner, Roshan Hormusji Choksey, maternal cousin sister of the deceased Sheroo Jal Cooper, in respect of the debts left by the deceased, who died intestate. +2 more

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Court's answer

All other legal formalities being complied with, the Succession Certificate petition is granted.

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Ratio / Principle

The objections regarding the cross petition stand settled in view of the order dated 17.09.2025 allowing Interim Application No. 3752 of 2024.

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Key takeaways

The delay in filing the Affidavit of Service and Administration Bond is explained and condoned.ratio¶10
Office is to issue the Succession Certificate as prayed, after verifying whether any other cross petition is filed or whether any Affidavit opposing grant is filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition (Item 8, TP/535/2024, E-filing): Petition by Roshan Hormusji Choksey, maternal cousin sister of the deceased Sheroo Jal Cooper (who died intestate at Mumbai on 12.01.2015 leaving certain debts), for a Succession Certificate. Counsel for the petitioner submitted that the deceased's parents and husband predeceased her, that she died issue-less with no heirs from the husband's side, and that, as per para 4 of the petition, the petitioner is the only surviving legal heir. Office objections concerning the traced cross petition (TS No. 97 of 2017 in TP No. 2080 of 2016) were held settled in view of the Court's order dated 17.09.2025 allowing Interim Application No. 3752 of 2024. The petitioner's oath was filed; Affidavit of Service of affixation of General Notice dated 15.03.2024 and Administration Bond dated 28.02.2024 were filed; delay was condoned and all other legal formalities were found complied with. Petition granted; Office directed to issue the Succession Certificate as prayed, subject to verification that no other cross petition or Affidavit opposing the grant is on file. Order dated 14.10.2025 by Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar.

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14^th October, 2025

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CALLED FOR DIRECTION :

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8 TP/535/2024 (E-filing)

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Mr. Ganesh Ambekar i/b. K S Jadhavar, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. As per the order dated 29.07.2024 and 10.06.2024, the cross petition was traced being TS No. 97 of 2017 in TP No. 2080 of 2016. Petitioner herein therefore, filed Interim Application No. 3752 of 2024 for seeking waiver of the office objections as regards the cross petition. By an order dated 17.09.2025, this Hon’ble Court has allowed the said Interim Application. In the said Interim Application prayer clause (A) was seeking directions for issuance of Succession Certificate in favour of the petitioner and that the said TP No. 2080 of 2016 is not concerned with the present TP No. 535 of 2024.

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In view of thereof, the objections regarding the cross petition is settled.

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Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts belonging to deceased filed by petitioner namely Roshan Hormusji Choksey being maternal cousin sister of deceased. Deceased namely Sheroo Jal Cooper died intestate at Mumbai on 12.01.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is already annexed to the petition.

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Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. There are no legal heirs from husband side. As per para No. 4 of the petition, deceased was survived by maternal cousin sister who is petitioner herein. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 15.03.2024 and Administration Bond dated 28.02.2024 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 other cross petition is filed or whether any Affidavit opposing grant is filed.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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14.10.2025

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Case brief

What is this about?

What did the court decide?

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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