← Library
Bombay High CourtTP/1291/2025disposed off

Kamalkant Mahavirprasad Sahewala v. Mahavirprasad Pokarmal Sahewala (Deceased)

2025-10-13Hon'Ble Shri Justice Milind N. Jadhav2 pages

P24. TP-1291-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1291 OF 2025 Mahavir Prasad Pokarmal Sahewala .. Deceased Kamalkant Mahavirprasad Sahewala .. Petitioner ....................

 Mr. Dinesh Arjun Wani i/by Mr. R.T. Kharwar, Advocate for Petitioner ...................

CORAM : MILIND N. JADHAV, J.

DATE : OCTOBER 13, 2025 P. C.

:

1.

Not on board. Mentioned.

2.

Heard Mr. Wani, learned Advocate for Petitioner. 3.

Present Petition is filed by Petitioner for issuance of Succession Certificate in respect of certain Securities belonging to deceased abovenamed. 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. 8 of the Petition. I have perused the same.

4.

Three consent affidavits dated 04.07.2025 of the legal heirs whose details are stated in the Petitioner are filed on record and appended to the Petition. I have perused the same.

P24. TP-1291-25.docx 5.

In view of the above, there can be no impediment in allowing the Petition. Petition is allowed and disposed of in terms of prayer clauses (a) which read thus:- "(a) That Succession certificate may be granted to the Petitioner in respect of the debts on set forth in Schedule - I hereto with Power to collect the said debts and to receive interest and to negotiate or transfer the said debts thereon" 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.

Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.10.14 19:36:18 +0530 RAVINDRA MOHAN AMBERKAR