Allowed¶19

Nora Dsouza v. Querobina Antonia D Souza

Bombay HC21 Jan 2026TP/2433/2025

Case brief

AI extract

What is this about?

Bombay High Court; Testamentary Petition No. 2433 of 2025; Milind N. Jadhav J; 21-01-2026; Section 372 Indian Succession Act 1925; Succession Certificate; sole legal heir; Nora Dsouza; Querobina Antonia D'Souza aliases; Schedule No. I securities; negotiate or transfer securities; dividend; proclamation dispensed with; issue within 3 weeks; office objections; allowed and disposed.

What did the court decide?

Succession Certificate granted to the Petitioner (sole legal heir) in respect of the securities set forth in Schedule No. I to the Petition, with liberty to negotiate or transfer the said securities and to receive dividend due thereon; issuance of proclamation dispensed with; Department directed to issue the Certificate within three weeks; subject to compliance of office objections, if any. ¶19

Nora Dsouza vs Querobina Antonia D Souza — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Petitioner, as the sole legal heir of the deceased, should be granted a Succession Certificate under Section 372 of the Indian Succession Act, 1925 in respect of the deceased's properties, credits and the securities set forth in Schedule No. I to the Petition.

¶13

Court's answer

The Petitioner, Nora Dsouza, is the sole legal heir of the deceased.

¶17

Ratio / Principle

There being no impediment, the Misc. Petition is allowed and disposed of in terms of the unnumbered prayer clause, granting the Succession Certificate to the Petitioner in respect of the securities set forth in Schedule No. I, to negotiate or transfer the said securities and to receive dividend due thereon.

¶18

Key takeaways

Issuance of proclamation stands dispensed with.ratio¶20
The Department is directed to issue the Succession Certificate as directed above within a period of 3 weeks from today.ratio¶21-22
Petition is allowed and disposed subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary & Intestate Jurisdiction), Testamentary Petition No. 2433 of 2025, Milind N. Jadhav, J., decided 21 January 2026: Succession Certificate sought under Section 372 of the Indian Succession Act, 1925 by Nora Dsouza in respect of the properties, credits and securities of the deceased Mrs. Querobina Antonia D'Souza (pleaded under several alias spellings). The court recorded the Petitioner as the sole legal heir, found no impediment, and allowed and disposed of the Misc. Petition in terms of the unnumbered prayer clause — granting the Succession Certificate in respect of the securities set forth in Schedule No. I, to negotiate or transfer the said securities and receive dividend due thereon. Issuance of proclamation was dispensed with, the Department was directed to issue the Certificate within three weeks, and the grant was made subject to compliance of office objections, if any. Uncontested matter; no precedent cited; no quantum stated.

¶1

M7.TP.2433.2025.doc

¶2

Ajay

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

TESTAMENTARY & INTESTATE JURISDICTION

¶5

TESTAMENTARY PETITION NO. 2433 OF 2025

¶6

Mrs. Querobina Antonia D’Souza alias Mrs. Querobina D’Souza alias Mrs. Querobina Antonia De Souza alias Querobina Antonia De Souza alias Querobina Antonia De souza alias Querobina Antonia D’souza .. Deceased

¶7

Nora Dsouza, W/o Philip Francis D’souza and D/o Late Benedict Fernandes and Late Marina Fernandes .. Petitioner

¶8

Mr. B. G. Saraf for Petitioner.

¶9

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 21, 2026.

¶10

P.C.:

¶11

1. Not on Board. Mentioned by way of filing praecipe dated 21.01.2026. Perused the praecipe.

¶12

2. Heard Mr. Saraf, learned Advocate for Petitioner.

¶13

3. Present Petition is filed by Petitioner for issuance of Succession Certificate under Section 372 of Indian Succession Act,1925 in respect of the properties and credits of deceased Mrs. Querobina Antonia D’Souza alias Mrs. Querobina D’Souza alias Mrs. Querobina Antonia De Souza alias Querobina Antonia De Souza alias Querobina Antonia De souza alias Querobina Antonia D’souza. The names and details of legal heirs of the deceased are stated in paragraph No.4 of

¶14

1 of 2

¶15

M7.TP.2433.2025.doc

¶16

the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

¶17

4. Petitioner is the sole legal heir of the deceased.

¶18

5. In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of unnumbered prayer clause which reads thus:-

¶19

“The Succession Certificate may be granted to the Petitioner in respect of the securities set forth in Schedule No. I hereto to negotiate or transfer the said securities and to receive dividend due thereon.”

¶20

6. Issuance of proclamation stands dispensed with.

¶21

7. Department is directed to issue the Succession Certificate as

¶22

directed above within a period of 3 weeks from today positively.

¶23

8. Petition is allowed and disposed subject to compliance of

¶24

office objections, if any, forthwith which shall be allowed by the Department.

¶25

[ MILIND N. JADHAV, J. ]

¶26

Ajay

¶27

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2026.01.21 18:01:31 +0530

¶28

2 of 2

Nora Dsouza v. Querobina Antonia D Souza

Case brief

What is this about?

What did the court decide?

Nora Dsouza v. Querobina Antonia D Souza

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smita Subhash Parkar Nee Smita Narayan Nagvekar vs Parshuram Vitthal Nagvekar

Vincent Raymond Vaz vs Deanne Maria Vaz

Satin Bharat Asher vs Jayant Lal Chetnani

Bhushan Ganpat Jack vs Kavle Math Goud Saraswat Samarth Community

East West Freight Carriers Ltd. vs Relliance Construction Co. and Anr.

Kaikasa Bano Khan wo Mohd Shakil Mohd Sayeed alias Mohd Shakil Mohd Sayeed Khan vs Mohd Shakil Mohd Sayeed alias Mohd Shakil Mohd Sayeed Khan