Kenneth Dennis Anthony D'Souza vs Mr. Julian Dsouza (Deceased) — Bombay HC (2025) — LawSathi Research

Kenneth Dennis Anthony D'Souza vs Mr. Julian Dsouza (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate granted to the petitioner Kenneth Dennis Anthony D’Souza in respect of the Debts and Securities set forth in Schedule-1 of the Petition, with power to collect the said Debts and to collect, negotiate, transfer or otherwise deal with the said Securities and receive dividend thereon; the Department directed to issue the Certificate within 3 weeks; disposal subject to compliance of office objections, if any.

Issue for consideration

Whether a Succession Certificate should be issued to the petitioner in respect of the properties, credits, debts and securities of the deceased Julian D'Souza S/o Joseph D'Souza.

Court's answer

The Testamentary Petition is allowed and disposed of in terms of prayer clause (a) of paragraph No. 11 of the Petition, granting the petitioner a Succession Certificate in respect of the Debts and Securities set forth in Schedule-1 of the Petition, with power to collect the said Debts and to collect, negotiate, transfer or otherwise deal with the said Securities and receive dividend thereon.

Ratio / Principle

The Department was directed to issue the Succession Certificate as directed above within a period of 3 weeks from the date of the order, positively.

Key takeaways

The allowance and disposal of the Testamentary Petition is made subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶6

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Milind N. Jadhav, J. — Testamentary Petition No. 5790 of 2024, decided November 25, 2025 (corrected/modified order as per speaking-to-minutes dated 11.12.2025). The petition of Kenneth Dennis Anthony D’Souza for a Succession Certificate in respect of the properties, credits, debts and securities of the deceased Julian D’Souza S/o Joseph D’Souza was heard and allowed. Consent affidavits dated 28.06.2023 of legal heir Jennifer Philomena D’Souza appended at page No. 21 of the Petition were noted. The Petition was allowed and disposed of in terms of prayer clause (a) of para No. 11, granting the Succession Certificate for the Debts and Securities in Schedule-1 with powers to collect, negotiate, transfer or otherwise deal with them and receive dividends; the Department was directed to issue the Certificate within 3 weeks, subject to compliance of office objections, if any.

P-A12.TP.5790.2024.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

TESTAMENTARY PETITION NO. 5790 OF 2024

Julian D’Souza S/o Joseph 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 Succession Certificate in respect of the properties and credits of deceased Julian D’Souza S/o Joseph 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. 7 of the Petition. I have perused the same.

3. Consent affidavits dated 28.06.2023 of Jennifer Philomena D’Souza, the legal heir of the deceased are appended to page No. 21 of the Petition.

4. In view of the above, there can be no impediment in allowing the Petition. Testamentary Petition is allowed and disposed of

Corrected / Modified order as per speaking to minutes of order dated 11.12.2025. 1 of 2

P-A12.TP.5790.2024.doc

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 Debts and 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 and with power to collect, negotiate or otherwise deal with the said Securities and to receive dividend thereon.”

5. Department is directed to issue the Succession Certificate 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 by AJAYTRAMBAK AJAY TRAMBAKUGALMUGALE UGALMUGALE Date: 2025.12.11 18:26:13 +0530

Corrected / Modified order as per speaking to minutes of order dated 11.12.2025. 2 of 2