Allowed¶22

Syed Zahiruaddin Babar Chishty S o Syed Salim Chishty, v. Syed Vazir Ally

Bombay HC4 Feb 2026TP/6269/2025

Case brief

AI extract

What is this about?

Succession certificate; S. 372 Indian Succession Act 1925; Bombay High Court Testamentary Petition No. 6269 of 2025; deceased Syed Vazir Ally; petitioner Syed Zahiruaddin Babar Chishty; consent affidavits of legal heirs Syed Mehboob, Syed Gohar Salim and Syed Adil Chishty; Schedule I securities; proclamation dispensed with; certificate to issue within 3 weeks; Milind N. Jadhav J.; 29.01.2026.

What did the court decide?

Succession Certificate granted to the Petitioner in respect of the Securities set forth in Schedule I, with power to transfer, negotiate or otherwise deal with the said securities and to receive dividends or bonus thereon; issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any. ¶22

Syed Zahiruaddin Babar Chishty S o Syed Salim… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Succession Certificate under Section 372 of the Indian Succession Act, 1925 should be granted to the petitioner in respect of the properties and credits of the deceased Syed Vazir Ally.

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Ratio / Principle

The Court held there could be no impediment in allowing the Petition and allowed and disposed of the Misc. Petition in terms of the un-numbered prayer clause.

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Key takeaways

A Succession Certificate was granted to the Petitioner in respect of the Securities set forth in Schedule I, with power to transfer, negotiate or otherwise deal with the said securities and to receive dividends or bonus thereon.ratio¶23
Issuance of proclamation stands dispensed with.ratio¶24
The Department was directed to issue the Succession Certificate as directed above within a period of 3 weeks from today, positively.ratio

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Milind N. Jadhav J. — Testamentary Petition No. 6269 of 2025, decided 29.01.2026: The Petitioner, Syed Zahiruaddin Babar Chishty, sought a Succession Certificate under Section 372 of the Indian Succession Act, 1925 in respect of the properties and credits of the deceased Syed Vazir Ally. Consent affidavits dated 11.07.2025 of the legal heirs Syed Mehboob Chishty, Syed Gohar Salim Chishty and Syed Adil Chishty (all sons of Syed Salim Chishty) were on record at pages 21, 24 and 27 of the Petition. Holding there was no impediment, the Court allowed the Misc. Petition and granted the Succession Certificate in terms of the un-numbered prayer clause in respect of the Securities set forth in Schedule I, with power to transfer, negotiate or otherwise deal with the said securities and to receive dividends or bonus thereon. Issuance of proclamation was dispensed with; the Department was directed to issue the Succession Certificate within 3 weeks positively, and the petition stood allowed and disposed subject to compliance of office objections, if any.

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M6.TP.6269.2025.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. 6269 OF 2025

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Syed Vazir Ally

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Syed Zahiruaddin Babar Chishty S/o Syed Salim Chishty

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.. Deceased

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.. Petitioner

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Mr. Dinesh Arjun Wani i/b Mr. Padmakar K. Tripathi, Advocates for Petitioner.

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

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P.C.:

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

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29.01.2026. Perused the praecipe.

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2. Heard Mr. Wani, 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

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in respect of the properties and credits of deceased Syed Vazir Ally. 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 affidavits dated 11.07.2025 of Syed Mehboob Chishty S/o. Syed Salim Chishty, Syed Gohar Salim Chishty S/o. Syed Salim Chishty and Syed Adil Chishty S/o. Syed Salim Chishty, the legal

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1 of 2

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M6.TP.6269.2025.doc

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heirs are filed on record and appended at page Nos. 21, 24 and 27 of 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 reads thus:-

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"That the Succession certificate may be granted to the Petitioner in respect of the Securities set forth in Schedule I hereto with power to transfer, negotiate or otherwise deal with the said securities and to receive dividends or bonus 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. ]