Bombay High Court
Andrea ParkversusSunil Carlton DSouza alias Carlton DSouza
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the post‑grant amendment to the succession certificate should be allowed.
Summary
The applicant, Andrea Park, filed an interim application seeking a post‑grant amendment to a succession certificate that had been issued in 2019 for securities of the deceased Sunil Carlton D’Souza. The amendment was sought because a letter from Hitachi Energy India Ltd. indicated that the deceased, together with Elizabeth Martha D’Souza, jointly held 286 shares, of which 50 % pertained to Carlton D’Souza. The applicant’s counsel, Pravin D. Kadam, argued that the certificate needed to be altered to reflect this shareholding. The court examined the application and the accompanying evidence and concluded that the amendment was warranted. Accordingly, the court allowed the interim application and ordered the amendment as prayed for.
Issues considered
- Whether a post‑grant amendment to a succession certificate can be permitted to incorporate newly discovered shareholdings.
Subjects
- Succession Certificate
- Post‑grant amendment
- Securities
- Probate
- Interim application
Judgment
Digitally
signed by
1/2 25-IA-4572-2026 (OS).DOC
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.08
17:38:25
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 4572 OF 2026
IN
TESTAMENTARY PETITION NO. 309 OF 2019
Andrea Park ...Applicant
Versus
Sunil Carlton D'souza Alias Carlton D'souza ...Respondent
_______
Mr. Pravin D. Kadam, for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 7th SEPTEMBER, 2026
P.C.
1. By this application, the Applicant seeks a post-grant amendment to the
Succession Certificate granted to the Applicant in respect of certain securities
stated to be belonging to one Sunil Carlton D'Souza alias Carlton D'Souza.
2. Learned counsel for the Applicant points out that this Court had detailed
an order dated 23rd October 2019, granted the Applicant Succession Certificate
in respect of the securities stated to be belonging to Sunil Carlton D'Souza alias
Carlton D'Souza. He submits that, after the issuance of the grant, the Applicant
received a letter from Hitachi Energy India Ltd., which records that the deceased,
along with one Elizabeth Martha D'Souza, jointly held certain shares namely
286 in number of Hitachi Energy India Ltd. The details of the 50% shares of
Carlton D'Souza are set out at page 23 of the application.
Vaibhav
2/2 25-IA-4572-2026 (OS).DOC
3. Having heard learned counsel and having perused the Interim
Application, I am satisfied that the same would have to be allowed and is
accordingly allowed in terms of prayer clause (a).
[ARIF S. DOCTOR, J.]
Vaibhav
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