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Bombay High Court
Samidha Ram Kadam vs Ram Raghunath Kadam (Deceased) on 30 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:7675
P10.TP.790.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.790 OF 2026
Ram Raghunath Kadam .. Deceased
Samidha Ram Kadam .. Petitioner
....................
Mr. Kaustubh J. Javle, Advocate for Petitioner.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 30, 2026
P.C.:
1. Not on Board. Mentioned at 03:00 p.m. by way of filing
praecipe dated 30.03.2026. Perused the praecipe.
2. Heard Mr. Javle, learned Advocate for Petitioner.
3. Mr. Javle has persuaded the Court to urgently hear the
matter in view of exigency mentioned in the praecipe dated
30.03.2026.
4. At his request, the matter is mentioned out of turn and
heard. He would submit that today morning the Petitioner received a
letter dated 10.03.2026 from State Bank of India, Lalbaug Branch
giving her final intimation for submitting stay order in respect of claim
settlement of Petitioner's husband in regard to account which was in
his name in their Branch.
5. Since nominee of the said Account is the sister of the
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husband, Bank has intimated Petitioner that they will not withhold the
settlement in favour of nominee unless an appropriate stay order from
Competent Authority is brought by Petitioner. Letter dated 10.03.2026
has given the deadline of 31.03.2026.
6. Be that as it may, Petitioner before me is wife of the
deceased. Nominee as informed by Mr. Javle is sister of the deceased.
Prima facie the present proceedings are for issuance of Succession
Certificate in respect of property and credits of the deceased i.e.
movable properties of the deceased.
7. In view of the above, no purpose will be served in passing
any stay order. The grievance of the Petitioner and the Petition itself
are determined finally by this order in the interest of justice and the
facts of the present case.
8. 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. 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.8 of the Petition.
9. After perusing the Petition it is seen that deceased is survived
by wife who is Petitioner before me and daughter - Bhagyashri Ram
Kadam who has given her consent Affidavit which is dated 30.11.2025
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P10.TP.790.2026.doc
appended to the Petition. Citations have been issued and
Administration Bond is filed in accordance with law which shall be
accepted as adequate.
10. I have perused the same and the same are in order.
Daughter of the deceased is staying in the United States of America.
Petitioner is staying in India. There can be no impediment in allowing
the present Petition as the same deserves to be allowed in accordance
with law in view of compliances having been done.
11. Petition stands allowed in terms of prayer clause (a) which
reads thus:-
"a. a Succession Certificate maybe granted to the Petitioner in respect of the
debts set forth in Schedule - I hereto, with power to collect the said
debts and to receive interest thereon."
12. Issuance of any further proclamation stands dispensed with.
13. State Bank of India, Lalbaug Branch and any other Branch /
Authority which is concerned with the holding of the Bank accounts of
deceased as per Schedule of debts appended to the Petition shall
ensure that all concerned shall act on server copy of this order and not
part with the proceeds to any third party (nominee) and shall ensure that on the
basis of this Grant issued by the Court, the rightful legal heirs of the
deceased are handed over the sale proceeds in accordance with law.
14. Department is directed to issue the Succession Certificate to
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Petitioner as directed above within a period of 2 weeks from today
positively.
15. Testamentary Petition is allowed and disposed subject to
compliance of office objections, if any, forthwith which shall be
allowed by the Department.
16. Mr. Javale informs the Court that final number has been
received and all office objections have been removed.
17. Testamentary Petition is nomenclatured as 7906 of 2026. It
is also listed before Registrar today. Be that as it may, Petition stands
allowed and Grant be issued as directed hereinabove within a period of
two weeks from today.
18. Testamentary Petition is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.03.30
19:40:33 +0530
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