Allowed¶8

Shekhar Ganapathy v. Kasturirengan Ganapathy

Bombay HC27 Mar 2026TP/2939/2025

Case brief

AI extract

What is this about?

Succession Certificate; Section 372 Indian Succession Act 1925; Testamentary Petition; High Court of Judicature at Bombay; Testamentary & Intestate Jurisdiction; dispensation of proclamation; consent affidavit of legal heir; debts and securities Schedule No. 1; collection of securities; interest/dividend; Shekhar Ganapathy; Kasturirengan Ganapathy; Shreedhar Ganapathy; B. G. Saraf; Milind N. Jadhav; praecipe mentioning; office objections.

What did the court decide?

Succession Certificate granted to the Petitioner in respect of the Debts set forth in Schedule No. 1, with power to collect the Securities and receive interest/dividend thereon; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks; disposal subject to compliance of office objections. ¶8

Shekhar Ganapathy vs Kasturirengan Ganapathy — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Succession Certificate should be granted to the Petitioner (Shekhar Ganapathy) in respect of the Debts set forth in Schedule No. 1, with power to collect the Securities and receive interest/dividend thereon, under Section 372 of the Indian Succession Act, 1925.

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Court's answer

Finding no impediment, the Misc. Petition (Testamentary Petition) is allowed and disposed of in terms of the un-numbered prayer clause, i.e., the Succession Certificate is granted to the Petitioner in respect of the Debts set forth in Schedule No. 1, with power to collect the Securities and receive interest/dividend thereon.

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Ratio / Principle

Issuance of proclamation stands dispensed with.

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Key takeaways

The Department is directed to issue the Succession Certificate as directed above within a period of 3 weeks from today, positively.ratio¶7
The Misc. Petition is allowed and disposed of subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Testamentary Petition No. 2939 of 2025 (Milind N. Jadhav, J.; 27 March 2026): Shekhar Ganapathy petitioned for a Succession Certificate under Section 372 of the Indian Succession Act, 1925 in respect of the properties, credits and debts/securities of the deceased Kasturirengan Ganapathy @ Kasturirengan Ganpathy @ Ganaptahy K. A consent affidavit dated 13.09.2024 of legal heir Shreedhar Ganapathy was on record (appended at p.14 of the Petition). Finding no impediment, the Court allowed and disposed of the petition in terms of the un-numbered prayer clause — grant of the Succession Certificate in respect of the Debts in Schedule No. 1, with power to collect the Securities and receive interest/dividend thereon — dispensed with issuance of proclamation, and directed the Department to issue the certificate within 3 weeks, subject to compliance of office objections.

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M7.TP.2939.2025.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY & INTESTATE JURISDICTION

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TESTAMENTARY PETITION NO. 2939 OF 2025

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Kasturirengan Ganapathy @ Kasturirengan Ganpathy @ Ganaptahy K

.. Deceased

Shekhar Ganapathy

.. Petitioner

Mr. B. G. Saraf, Advocate for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : MARCH 27, 2026.

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P.C.:

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1. Not on Board. Mentioned by way of filing praecipe dated 27.03.2026. Perused the praecipe.

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

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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 Kasturirengan Ganapathy @ Kasturirengan Ganpathy @ Ganaptahy K. 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.

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4. Consent affidavit dated 13.09.2024 of Shreedhar Ganapathy,

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the legal heir is filed on record and appended at page No.14 of

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1 of 2

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M7.TP.2939.2025.doc

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Petition.

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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 un-numbered prayer clause which read thus:-

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“The Succession Certificate may be granted to the Petitioner in respect of the Debts set forth in Schedule No. 1 hereto with power to collect the said Securities on and to receive interest / dividend thereon.”

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6. Issuance of proclamation stands dispensed with.

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7. Department is directed to issue the Succession Certificate as

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

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8. Misc. Petition is allowed and disposed subject to compliance

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

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[ MILIND N. JADHAV, J. ]