Allowed¶9

Bency Mathew widow of Mohan Thomas Mathew v. Mohan Thomas Mathew alias M T Mathew

Bombay HC19 Jan 2026TP/5650/2025

Case brief

AI extract

What is this about?

Succession Certificate; Testamentary Petition 23 TP/5650/2025 (E-filing); intestate deaths - Mohan Thomas Mathew (Taiwan, 19.07.1991), Chenattu Mathai Thomas (Mumbai, 22.06.2017), Annamma Thomas (Mumbai, 06.01.2025); petitioner Bency Mathew (widow / daughter-in-law); consent affidavits of son and grandson; general notice affixed 02.12.2025; administration bond 04.12.2025; delay condoned; securities; Company Registrar / Testamentary Registrar order dated 19.01.2026.

What did the court decide?

Succession Certificate granted in respect of the securities of the deceased; Office to issue the certificate as prayed after verifying that no cross petition or opposing affidavit has been filed. ¶9

Bency Mathew widow of Mohan Thomas Mathew vs Mohan Thomas Mathew alias M T Mathew — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate granted in respect of the securities of the deceased; Office to issue the certificate as prayed after verifying that no cross petition or opposing affidavit has been filed.

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Issue for consideration

Whether the Succession Certificate petition complies with all legal formalities (death certificates, identification proofs, consent affidavits, general notice, administration bond, oath) so as to warrant grant. +1 more

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Court's answer

Delay in completing formalities is explained and condoned; all other legal formalities are complied with, and accordingly the petition is granted.

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Ratio / Principle

Deceased No. (a) was survived by his widow (the petitioner) and one son; the son has given his consent in favour of the petitioner by affidavit.

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Key takeaways

Deceased Nos. (b) & (c) were survived by one son, one daughter-in-law (the petitioner) and one grandson; the son and grandson have consented by affidavit, and there are no other legal heirs.ratio¶8
The Office is directed to issue the Succession Certificate as prayed, after verifying whether any cross petition or any affidavit opposing the grant has been filed.ratio¶10

Detailed headnote1 paragraphs

Succession Certificate granted (Testamentary Petition 23 TP/5650/2025, order dated 19.01.2026): Petitioner Bency Mathew, widow of deceased No. (a) Mohan Thomas Mathew (died intestate at Taiwan on 19.07.1991) and daughter-in-law of deceased Nos. (b) Chenattu Mathai Thomas (died intestate at Mumbai on 22.06.2017) and (c) Annamma Thomas (died intestate at Mumbai on 06.01.2025), sought a Succession Certificate in respect of certain securities belonging to the deceased. Death certificates and identification proofs (Driving License / Pancards) were annexed. The surviving son of deceased (a), and the son and grandson of deceased (b) & (c), gave consent affidavits in favour of the petitioner; parents of the deceased predeceased and there were no other legal heirs. Petitioner's oath, Affidavit of Service of affixation of General Notice dated 02.12.2025 and Administration Bond dated 04.12.2025 were filed. Delay was explained and condoned; all legal formalities were held complied with and the petition was granted, with the Office to issue the certificate after verifying that no cross petition or affidavit opposing the grant is filed.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19^th January, 2026

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CALLED FOR COMPLIANCE :

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23 TP/5650/2025 (E-filing)

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Ms. Jyoti Badgujar a/w. Jayant Wani i/b. Lakdawala and Co., Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Bency Mathew being Widow of deceased No. (a) and daughter-in-law of deceased Nos. (b) & (c). Deceased No. (a) namely Mohan Thomas Mathew died intestate at Taiwan on 19.07.1991. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Driving License is already annexed to the petition. Deceased No. (b) namely Chenattu Mathai Thomas died intestate at Mumbai on 22.06.2017. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is already annexed to the petition. Deceased No. (c) namely Annamma Thomas died intestate at Mumbai on 06.01.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is already annexed to the petition.

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Ld. Advocate for petitioner submits that parents of deceased No. (a) since deceased the deceased and they are deceased Nos. (b) and (c). Deceased NO. (a) was survived by his widow and one son. Out of them widow is petitioner herein and the son has given his consent in favour of petitioner herein. Consent Affidavits are on record.

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Parents of deceased Nos. (b) & (c) predeceased the deceased. Son of deceased Nos. (b) & (c) predeceased the deceased. Deceased Nos. (b) & (c) were survived by one son, one daughter-in-law and one grandson. Out of them daughterin-law is petitioner herein and the son and grandson have given their consents in favour of petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 02.12.2025 and Administration Bond dated 04.12.2025 are filed. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶12

19.01.2026

Bency Mathew widow of Mohan Thomas Mathew v. Mohan Thomas Mathew alias M T Mathew

Case brief

What is this about?

What did the court decide?

Bency Mathew widow of Mohan Thomas Mathew v. Mohan Thomas Mathew alias M T Mathew

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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