Razia Sultana Abid Khan Pathan vs Abid Khan Lal… — Succession and Inheritance | Bombay HC (2026)

Razia Sultana Abid Khan Pathan vs Abid Khan Lal… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Succession Certificate granted to the Petitioner in respect of the Securities set forth in Schedule I, with power to collect the said Securities and to receive interest or dividend or bonus declared or any rights issued for equity shares by companies or any other legal proceeding for the benefit of the Petitioner, and to negotiate or transfer the said securities; Department directed to issue the Succession Certificate within 3 weeks positively; disposal subject to compliance of office objections, if any.

Issue for consideration

Whether a Succession Certificate under Section 372 of the Indian Succession Act, 1925 should be issued to the Petitioner in respect of the properties, credits and securities of the deceased Abid Khan Lal Khan Pathan.

Court's answer

In view of the consent affidavits of the legal heirs filed on record, there can be no impediment in allowing the Petition.

Ratio / Principle

The Misc. Petition is allowed and disposed of in terms of the un-numbered prayer clause, i.e., a Succession Certificate is granted to the Petitioner in respect of the Securities set forth in Schedule I, with power to collect the said Securities and to receive interest, dividend or bonus declared or any rights issued for equity shares by companies, and to negotiate or transfer the said securities.

Key takeaways

Issuance of proclamation stands dispensed with.ratio¶20

Detailed headnote1 paragraphs

Succession Certificate — Bombay High Court, Testamentary & Intestate Jurisdiction — Testamentary Petition No. 4205 of 2024 — Petitioner Razia Sultana Abid Khan Pathan sought a Succession Certificate under Section 372 of the Indian Succession Act, 1925 in respect of the properties, credits and securities of her deceased husband Abid Khan Lal Khan Pathan — Consent affidavits dated 14.12.2023 of the other legal heirs (Asim Khan, Amjad Khan and Alam Khan Abid Khan Pathan) filed at pages 16, 19 and 22 of the Petition — Court held there was no impediment in allowing the Petition — Misc. Petition allowed and disposed of in terms of the un-numbered prayer clause granting the Succession Certificate in respect of the Securities in Schedule I, with power to collect them and receive interest/dividend/bonus/rights and to negotiate or transfer them — Issuance of proclamation dispensed with — Department directed to issue the Certificate within 3 weeks, subject to office objections, if any — Coram: Milind N. Jadhav, J.; decision dated January 29, 2026.

M4.TP.4205.2024.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

TESTAMENTARY PETITION NO. 4205 OF 2024

Abid Khan Lal Khan Pathan .. Deceased Razia Sultana Abid Khan Pathan .. Petitioner

Mr. Dinesh Arjun Wani i/b Mr. Harsh S. Trivedi, Advocates for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 29, 2026.

P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated 29.01.2026. Perused the praecipe.

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

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 Abid Khan Lal Khan Pathan. 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.

4. Consent affidavits dated 14.12.2023 of Asim Khan Abid Khan

Pathan, Amjad Khan Abid Khan Pathan and Alam Khan Abid Khan

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M4.TP.4205.2024.doc

Pathan, the legal heirs are filed on record and appended at page Nos. 16, 19 and 22 of Petition.

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 reads thus:-

“That a Succession Certificate may be granted to the Petitioner in respect of the Securities set forth in Schedule I, hereto, with the power to collect the said Securities and to receive interest or dividend or bonus declared or any rights issued for equity shares by companies or any other legal proceeding for the benefit of the Petitioner on and to negotiate or transfer the said securities”

6. Issuance of proclamation stands dispensed with.

7. Department is directed to issue the Succession Certificate as

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

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

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

[ MILIND N. JADHAV, J. ]

Ajay Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2026.01.29 17:08:00 +0530

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