Parth Jayesh Brahmbhatt v. Prabhavati Jamnadas Bhahmbhatt (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th July, 2025 CALLED FOR COMPLIANCE :
TP/4213/2024 (E-filing) Ms. Suman Jain, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner states that petitioner has tendered the original grant of Succession Certificate dated 18.03.2024 issued in TP No. 4268 of 2023. It is deposited in this office on 08.05.2025.
2. Ld. Advocate for petitioner further submits that she is entitled for the adjustment of court fees as per the request made in para No. 10 of the petition. Ld. Advocate states that grant was issued on 18.03.2024 in TP No. 4268 of 2023 to Prabhavati Jamnadas Brahmbhatt for the securities of deceased namely Jamnadas Virji Brahmbhatt. She relied upon the Additional Affidavit dated 25.04.2025 filed in this petition stating that before the said securities transferred to Prabhavati, she expired on 04.04.2024. The present petition therefore, filed and amended and seeking the grant of Succession Certificate in favour of grandson of deceased namely Parth Jayesh Brahmbhatt for the securities which are in the name of deceased Jamnadas Virji Brahmbhatt. Ld.
Advocate for petitioner states that securities mentioned in both the petitions are same and identical. In view of the above, estate within meaning of section 23 of the Maharashtra Court Fees Act, 1959 is the same and identical in both the petitions. Petitioner has paid full court fees of Rs.75,000/- in TP No. 4268 of 2023. Therefore, petitioner is entitled for exemption of court fees. Exemption of court fees is granted in the present petition.
3. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Parth Jayesh Brahmbhatt being grandson of deceased. Deceased namely Jamnadas Virji Brahmbhatt died intestate at Mumbai on 25.02.2003. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition.
4. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. The only son of deceased namely Jayesh Jamnadas Brahmbhatt predeceased the deceased. Wife of deceased died on 04.04.2024. Deceased was survived by one daughter-in-law, one grandson and one granddaughter. .....2
SLG - 2 - Out of them grandson is petitioner herein and daughter-in-law has given consent in favour of petitioner for herself and on behalf of minor granddaughter. Consent Affidavits dated 21.04.2025 are on record. There are no other legal heirs.
5. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 17.06.2025 and Administration Bond dated 25.04.2025 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 cross petition is filed or whether any Affidavit opposing grant is filed. 28.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR