Allowed¶13

Navin Surinder Kumar Chopra v. Delfina Matilda Braganza (Deceased NO.1)

Testamentary Petition TP/636/2025 (e-filing) – Succession Certificate

Bombay HC14 Jul 2025TP/636/2025

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Case brief

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What is this about?

Succession Certificate; Testamentary Petition TP/636/2025; e-filing; Company Registrar / Testamentary Registrar; intestate death; debts of deceased; nephew as petitioner; wife and husband deceased issue-less; Apoline S. Chopra; consent of co-heir; no other legal heirs; joint ownership of properties; separate court fees for Deceased No. 2; General Notice dated 05.03.2025; Administration Bond dated 27.02.2025; condonation of delay; cross petition verification; Affidavit opposing grant; Mumbai; decided 03.11.2025.

What did the court decide?

Grant of Succession Certificate in respect of certain debts belonging to the deceased, to be issued by the Office after verification that no cross petition and no Affidavit opposing the grant has been filed. ¶13

Navin Surinder Kumar Chopra vs Delfina Matilda Braganza (Deceased NO.1) — Bombay HC (2025) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the legal formalities for grant of the Succession Certificate - petitioner's oath, Affidavit of Service of the General Notice, Administration Bond and condonation of delay - stand complied with. +1 more

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Court's answer

Delay was explained and condoned and all other legal formalities were complied with; accordingly, the petition was granted.

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Ratio / Principle

The Office is to issue the Succession Certificate as prayed, after verifying whether any cross petition or any Affidavit opposing the grant has been filed.

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Key takeaways

If the scheduled properties are not jointly owned by both deceased, the petitioner is to pay separate court fees for Deceased No. 2; if joint ownership is claimed, the Advocate is to file the documents on record.ratio¶8

Detailed headnote1 paragraphs

Testamentary Petition TP/636/2025 (e-filing) - Succession Certificate - Petition by Navin Surinder Kumar Chopra, nephew of the deceased, for a Succession Certificate in respect of certain debts of Delfina Matilda Braganza (Deceased No. 1, died intestate at Mumbai on 23.08.2016) and Dominic Thomas Braganza (Deceased No. 2, died intestate at Mumbai on 19.02.2017), who were wife and husband and died issue-less. Heirship traced through Apoline S. Chopra, sister of Deceased No. 2, who left two sons and no daughter; the petitioner is one son and the other son has consented in his favour; no other legal heirs. After amendment, the schedule recorded the properties as jointly owned by both deceased; the Advocate was directed to file supporting documents if joint ownership is claimed, failing which the petitioner is to pay separate court fees for Deceased No. 2. Petitioner's oath, Affidavit of Service of affixation of General Notice dated 05.03.2025 and Administration Bond dated 27.02.2025 were filed; delay was explained and condoned; all other legal formalities were complied with; the petition was granted. The Office is to issue the Succession Certificate after verifying that no cross petition or Affidavit opposing the grant has been filed. Before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar; decided 03.11.2025.

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Ajay

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 03^rd November, 2025

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CALLED FOR COMPLIANCE :

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11 TP/636/2025 (E-filing)

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Mr. D. G. Tripathi, Advocate for petitioner.

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PC : 1. 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 Navin Surinder Kumar Chopra being nephew of deceased Nos. 1 and 2. Deceased No. 1 namely Delfina Matilda Braganza died intestate at Mumbai on 23.08.2016. Copy of death certificate is annexed to the petition. Identification proof of deceased No. 1 viz. copy of Aadhaar Card is already annexed to the petition. Deceased No. 2 namely Dominic Thomas Braganza died intestate at Mumbai on 19.02.2017. Copy of death certificate is annexed to the petition. Identification proof of deceased No. 2 viz. copy of Aadhaar Card is already annexed to the petition.

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Ld. Advocate for petitioner submits that deceased Nos. 1 and 2 are wife and husband. They died issue-less. Sister of deceased No. 2 namely Apoline S. Chopra who died leaving behind two sons and had no daughter. Out of them one son is petitioner herein and another son has given his consent in favour of petitioner herein. Deceased No. 1 survived by her husband who is deceased No. 2 and their legal heirs are mentioned hereinabove. There are no other legal heirs.

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After amendment the schedule of the property, it clearly states that the properties mentioned therein are jointly owned by both the deceased hence, Advocate to file documents on record, if he claims it is jointly owned by them. If it is not jointly owned by both the deceased, petitioner to pay separate court fees for deceased No. 2 herein.

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Ajay

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 05.03.2025 and Administration Bond dated 27.02.2025 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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03.11.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Navin Surinder Kumar Chopra v. Delfina Matilda Braganza (Deceased NO.1)

Case brief

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Navin Surinder Kumar Chopra v. Delfina Matilda Braganza (Deceased NO.1)

Case brief

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