FRENI HOSHEDAR MEHTA ALIAS FRENI H MEHTA v. HOSHEDAR ALIAS HOSHEDAR HOMI MEHTA ALIAS HOSHEDAR MEHTA(DECEASED)
TP/4378/2023 · 2025-11-07
Shri Milind N Jadhav
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 76999 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76999 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
99.TP.4378.2023.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. 4378 OF 2023 (1) Hoshedar alias Hoshedar Homi Mehta alias Hoshedar Mehta and (2) Mr. Homi Pirojshaw Mehta alias Homi Mehta .. Deceased Persons
Freni Hoshedar Mehta alias Freni H Mehta .. Petitioner .................... Mr. Ajit S. Hodage a/w Deepak Sonkamble, Advocates for Petitioner. ......…........... CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 07, 2025. P.C.:
1. Present Petition is filed for grant of Succession Certificate in respect of certain securities jointly held by both the Deceased persons. However, the Department has raised objection that a cross Petition bearing Testamentary Petition No. 589 of 2015 is found, hence, Department cannot proceed with the present Petition.
2. Mr. Hodage, learned Advocate for Petitioner would submit that earlier Petition No. 589 of 2015 was filed only in respect of securities belonging to Deceased No.2 whereas in the present Petition securities are jointly held by both the Deceased persons and the Company has insisted for joint Succession Certificate. In these circumstances, the Petitioner is constrained to file the present Petition. 1 of 2
99.TP.4378.2023.doc
3. In view of the facts brought to the notice of the Court, it would be in the interest of justice that the objection raised by the Department is dispensed with, so that Petitioner can pursue the present Petition for grant of Succession Certificate.
4. Accordingly, the aforesaid objection is dispensed with and Department shall now proceed in accordance with law. Since the Petition is already allowed on 15.02.2024, office is directed to issue the grant positively within 3 (three) weeks from uploading of this order.
[ MILIND N. JADHAV, J. ] Ajay 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2025.11.08 19:09:13 +0530