Allowed¶9

Arnik Shantilal Punamia v. Sayribai Shantilal Punamiya (Deceased)

Succession Certificate granted – Testamentary Petition 39 TP/923/2025 (E-filing)

Bombay HC21 Apr 2025TP/923/2025

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Case brief

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What is this about?

succession certificate; intestate death at Mumbai on 10.01.2024; debts of deceased Sayribai Shantilal Punamia; petitioner son Arnik Shantilal Punamia; heir consent affidavits; general notice affixed 18.03.2025; administration bond 01.04.2025; delay condoned; all formalities complied; petition granted; testamentary petition 39 TP/923/2025 (E-filing); Company Registrar / Testamentary Registrar; Mrs. K. Y. Ambekar.

What did the court decide?

Succession Certificate to be issued to the petitioner as prayed, after the Office verifies whether any cross-petition or affidavit opposing the grant has been filed. ¶9

Arnik Shantilal Punamia vs Sayribai Shantilal Punamiya (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate to be issued to the petitioner as prayed, after the Office verifies whether any cross-petition or affidavit opposing the grant has been filed.

¶9

Issue for consideration

Whether a Succession Certificate in respect of the debts belonging to the deceased ought to be granted to the petitioner (a son of the deceased), all other legal heirs having consented and the statutory formalities being complied with, with no cross-petition or opposing affidavit on file.

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Court's answer

The delay in filing the Affidavit of Service of the General Notice dated 18.03.2025 and the Administration Bond dated 01.04.2025 is explained and condoned.

¶8

Ratio / Principle

As the petitioner's oath is filed and all other legal formalities are complied with, the Succession Certificate petition is granted to the petitioner, son of the deceased, with the Office to issue the certificate as prayed after verifying that no cross-petition or affidavit opposing the grant has been filed.

¶8

Detailed headnote1 paragraphs

Succession Certificate granted - Testamentary Petition 39 TP/923/2025 (E-filing) - petitioner Arnik Shantilal Punamia, son of deceased Sayribai Shantilal Punamia, who died intestate at Mumbai on 10.01.2024, seeking certificate in respect of certain debts belonging to the deceased - parents and husband (died 26.03.2024) predeceased; son Kushalraj Shantilal Punamiya died 15.12.2009 leaving one son; deceased survived by two sons, one married daughter and one grandson, all of whom except the petitioner consented by affidavit; Consent Affidavits on record; no other legal heirs - Affidavit of Service of General Notice dated 18.03.2025 and Administration Bond dated 01.04.2025 filed - delay condoned - petitioner's oath filed, all other legal formalities complied with - petition granted; Office to issue certificate after verifying no cross-petition or opposing affidavit - before Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, 21.04.2025.

Arnik Shantilal Punamia v. Sayribai Shantilal Punamiya (Deceased)

Case brief

What is this about?

What did the court decide?

Arnik Shantilal Punamia v. Sayribai Shantilal Punamiya (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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