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Bombay High CourtTP/535/2024grant issued

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

2025-10-14Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SL BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th October, 2025 CALLED FOR DIRECTION :

TP/535/2024 (E-filing) Mr. Ganesh Ambekar i/b. K S Jadhavar, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. As per the order dated 29.07.2024 and 10.06.2024, the cross petition was traced being TS No. 97 of 2017 in TP No. 2080 of 2016. Petitioner herein therefore, filed Interim Application No. 3752 of 2024 for seeking waiver of the office objections as regards the cross petition. By an order dated 17.09.2025, this Hon'ble Court has allowed the said Interim Application. In the said Interim Application prayer clause (A) was seeking directions for issuance of Succession Certificate in favour of the petitioner and that the said TP No. 2080 of 2016 is not concerned with the present TP No. 535 of 2024.

2. In view of thereof, the objections regarding the cross petition is settled.

3. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts belonging to deceased filed by petitioner namely Roshan Hormusji Choksey being maternal cousin sister of deceased. Deceased namely Sheroo Jal Cooper died intestate at Mumbai on 12.01.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is already annexed to the petition.

4. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. There are no legal heirs from husband side. As per para No. 4 of the petition, deceased was survived by maternal cousin sister who is petitioner herein. There are no other legal heirs.

5. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 15.03.2024 and Administration Bond dated 28.02.2024 are filed. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

6. Office to issue Succession Certificate as prayed after verifying whether any other cross petition is filed or whether any Affidavit opposing grant is filed. 14.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR