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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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