Nalini Maharudra Nadkarni vs Maharudra Balkrishna Nadkarni — Bombay HC (2026) — LawSathi Research

Nalini Maharudra Nadkarni vs Maharudra Balkrishna Nadkarni — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate to be issued to the petitioner as prayed, excluding the securities at Schedule Sr. No. 6 (deleted, with leave granted to file a fresh petition for those securities).

Issue for consideration

Whether the petitioner, daughter of deceased Nos. 1 and 2 and sister of deceased No. 3 (all of whom died intestate), consented to by all other legal heirs and having complied with the legal formalities, is entitled to grant of the Succession Certificate in respect of the scheduled securities.

Court's answer

The delay in completing steps (general notice affidavit of service and administration bond) was condoned, all other legal formalities were found complied with, and the petition for the Succession Certificate was granted.

Ratio / Principle

Securities at Sr. No. 6 of the Schedule, solely owned by deceased No. 3 and valued at Rs.26,55,000/-, were deleted from the petition and leave was granted to the petitioner to file a fresh petition in respect of those securities.

Key takeaways

The Office was directed to issue the Succession Certificate as prayed, subject to verification whether any cross petition or any affidavit opposing the grant has been filed.ratio¶10

Detailed headnote1 paragraphs

Succession Certificate - intestate securities - petition of Nalini Maharudra Nadkarni, daughter of deceased Nos. 1 and 2 and sister of deceased No. 3, granted by the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar) on 28.04.2026. Deceased No. 1 Maharudrda Balkrishna Nadkarni died intestate at Mumbai on 20.05.1972; deceased No. 2 Laxmibai Maharudrda Nadkarni died intestate at Mumbai on 31.07.1992; deceased No. 3 Shanta Mohan Borkar died intestate at Mumbai on 05.07.2002. Surviving heirs of deceased Nos. 1 and 2 comprise one daughter (the petitioner), one daughter-in-law, two grandsons and five granddaughters, all of whom except the petitioner consented by affidavits on record. Securities at Sr. No. 6 of the Schedule, solely owned by deceased No. 3 and valued at Rs.26,55,000/-, were deleted and leave given to file a fresh petition for them. Delay in filing notice/bond documents condoned; oath, general notice (14.01.2026) and administration bond (30.12.2025) formalities complied with; Office to issue the certificate after verifying absence of any cross petition or opposing affidavit.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28^th April, 2026

CALLED FOR COMPLIANCE :

8 TP/5837/2025 (E-filing)

Mr. V. P. Shastri, Advocate for petitioner

PC : 1. Perused corrected Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Nalini Maharudra Nadkarni being daughter of deceased Nos. 1 and 2 and sister of deceased No. 3. Deceased No. 1 namely Maharudrda Balkrishna Nadkarni died intestate at Mumbai on 20.05.1972. Copy of death certificate is annexed to the petition. Deceased No. 2 namely Laxmibai Maharudrda Nadkarni died intestate at Mumbai on 31.07.1992. Copy of death certificate is annexed to the petition. Deceased No. 3 namely Shanta Mohan Borkar died intestate at Mumbai on 05.07.2002. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 05.03.2025 for nonavailability of identification proof of deceased Nos. 1 to 3 which is already annexed to the petition.

As per item No. 6 of the Schedule annexed to the petition, the securities mentioned at Sr. No. 6 which is solely owned by deceased No. 3 and valued at Rs.26,55,000/- hence, petitioner has deleted the same and seeks leave to file a fresh petition for the said securities. Leave is granted.

Ld. Advocate for petitioner submits that deceased Nos. 1 and 2 were husband and wife and deceased No. 3 is daughter of deceased Nos. 1 and 2. As per para No.4 of the amended petition, deceased Nos. 1 and 2 are survived by one daughter, one daughter-in-law, two grandsons and five granddaughters. Out of them daughter is petitioner herein and all other legal heirs have given their consents in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 14.01.2026 and Administration Bond dated 30.12.2025 are filed. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

28.04.2026