Kalpana Vijay Shah v. Mangalji Devchand Dhabalia alias Mangal Deochand Dhabalia (Deceased)

Bombay HC9 Mar 2026TP/279/2026

Case brief

AI extract

What is this about?

Succession Certificate; intestate succession; securities of deceased; Testamentary Registrar / Company Registrar; Kalpana Vijay Shah; Mangalji Devchand Dhabalia (d. 11.10.2002); Sushilaben Mangalji Dhabalia (d. 16.11.1998); consent affidavits of co-daughters; no other legal heirs; General Notice 09.02.2026; Administration Bond 06.03.2026; delay condoned; compliance verified; grant of certificate; 25 TP/279/2026; Mrs. Kavita Y. Ambekar; Deep Thakkar advocate.

What did the court decide?

Succession Certificate granted to petitioner Kalpana Vijay Shah in respect of the securities of the deceased, to be issued by the office after verification that no cross-petition or affidavit opposing the grant has been filed. ¶¶8

Kalpana Vijay Shah vs Mangalji Devchand Dhabalia alias Mangal Deochand Dhabalia (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶8

Issue for consideration

Whether the petition for Succession Certificate filed by Kalpana Vijay Shah, daughter of both deceased, should be granted upon compliance of all legal formalities.

¶¶8

Court's answer

The Registrar accepted the petitioner's affidavit regarding non-availability of identification proof of Deceased No. 2.

¶¶6

Ratio / Principle

Delay in filing the Affidavit of Service and Administration Bond was explained and condoned.

¶¶8

Key takeaways

As all legal formalities were complied with, the Succession Certificate petition was granted.ratio¶¶8
Office directed to issue the Succession Certificate as prayed, after verifying that no cross-petition and no affidavit opposing the grant has been filed.ratio¶¶9

Detailed headnote1 paragraphs

Succession Certificate granted — Testamentary Registrar (Mrs. Kavita Y. Ambekar), 09.03.2026, petition 25 TP/279/2026 (E-filing): Petitioner Kalpana Vijay Shah, daughter of both deceased, sought a Succession Certificate for securities of (i) Mangalji Devchand Dhabalia (died intestate at Mumbai 11.10.2002) and (ii) his wife Sushilaben Mangalji Dhabalia (died intestate at Mumbai 16.11.1998). The deceased couple were survived by three daughters; the two non-petitioner daughters consented by affidavit on record and there were no other legal heirs. Death certificates and petitioner's Pancard-based identification of Deceased No. 1 annexed; affidavit explaining non-availability of identification proof of Deceased No. 2 accepted. Petitioner's oath filed; affidavit of service of General Notice dated 09.02.2026 (by affixation) and Administration Bond dated 06.03.2026 filed; delay condoned. All legal formalities found complied with; petition granted and office directed to issue the Succession Certificate as prayed after confirming that no cross-petition or opposing affidavit exists.

Kalpana Vijay Shah v. Mangalji Devchand Dhabalia alias Mangal Deochand Dhabalia (Deceased)

Case brief

What is this about?

What did the court decide?

Kalpana Vijay Shah v. Mangalji Devchand Dhabalia alias Mangal Deochand Dhabalia (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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