Bombay High CourtTP/2120/2024grant issued

Cyrus Behram Doongaji v. Dr. Motoo Hormasji Gandhi

2025-06-09Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th June, 2025 CALLED FOR COMPLIANCE :

TP/2120/2024 (E-filing) Ms. Mandakini Kumari Sinh, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. Paragraph Nos. 7, 8 and 9 of the petition that the deceased left behind the Will however, the circumstances under which the petitioner is unable to proceed with the Letters of Administration or Probate and the same has been considered by the Hon'ble Court in the order dated 03.07.2024 passed in Interim Application (L) No. 18609 of 2024 and the Hon'ble Court has granted the permission to the petitioner to proceed for Succession Certificate and the department is directed to proceed for grant of Succession Certificate.

2. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Cyrus Behram Doongaji and Minoo Behram Doongaji being nephews of deceased. Deceased namely Dr. Motoo Hormasji Gandhi died at Mumbai on 30.08.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is already annexed to the petition.

3. Ld. Advocate for petitioner submits that as per para No. 10 of the petition, deceased died as spinster and there are no lineal descendants and petitioners are the nephews of deceased and according to the petitioners to the best of their knowledge there are no other legal heirs. Therefore, the petitioners have done paper publication on 30.01.2025 and Affidavit dated 10.02.2025 is physically filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 18.06.2024 and Administration Bond dated 26.07.2024 are filed. Delay is explained. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. 09.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR