Praful Kantilal Shah v. Kantilal Madhavji Shah

M1.TP.5962.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 5962 OF 2025 Kantilal Madhavji Shah .. Deceased Praful Kantilal Shah .. Petitioner ....................

 Mr. B. G. Saraf, Advocate for Petitioner.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 16, 2026.

P.C.:

1.

Not on Board. Mentioned by way of filing praecipe dated 16.01.2026. Perused the praecipe.

2.

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

Present Petition is filed by Petitioner for issuance of Succession Certificate under Section 372 of Indian Succession Act,1925 in respect of the properties and credits of deceased Kantilal Madhavji Shah. 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.7 of the Petition. I have perused the same.

4.

Consent affidavits dated 05.01.2026 and 14.01.2026 of Yogesh Kantilal Shah S/o Kantilal Madhavji Shah, Ilesh Arvind Kothari

M1.TP.5962.2025.doc and Yash Ilesh Kothari, the legal heirs are filed on record and appended at page Nos. 44, 48 and 53 of Petition. 5.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of un-numbered prayer clause which read thus:- "The Succession Certificate may be granted to the Petitioner in respect of the Securities set forth in Schedule No. I hereto to negotiate or transfer the said Securities and to receive dividend due 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.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.01.17 14:06:14 +0530 AJAY TRAMBAK UGALMUGALE