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Bombay High CourtTP/1870/2025grant issued

Denaz Hormuze Kandawala v. Shiavax Maneckshaw Kandawala Deceased

2025-07-21Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21st July,, 2025 CALLED FOR COMPLIANCE :

TP/1870/2025 Mr. Siddharth Desai i/b. Ms. Darshana Sapkal, Advocate for petitioner. PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to deceased filed by petitioner namely Denaz Hormuze Kandawala, who is Daughter-inlaw of deceased. Deceased namely Shiavax Maneckshaw Kandawala, said to be died intestate at Mumbai on 06.06.1988. Copy of death certificate is annexed to the petition as Exhibit - "A". Affidavit dated 31.12.2024 is filed for non-availability of the identification proof of the deceased.

2. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of the deceased died on 02.05.2006. Deceased had one son namely Hormuze Kandawala expired on 18.05.2018 leaving behind his wife and one son. Therefore, deceased was survived by Daughter-in-law, one daughter and one minor son. Out of them Daughterin-law is petitioner herein. The petitioner has filed the consent Affidavit on behalf of minor grand son being mother and natural guardian. Consent Affidavit are on record. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 03.06.2025 and Administration Bond dated 08.05.2025 are filed separately through e-filing. Delay is explained. All other legal formalities are complied with. Hence, petition is granted.

4. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 21.07.2025