Bombay High Court

SIMON HAROLD ATTWOODversusSybil Beatrice Hughes

Decided: 5 October 2026
Disposal: DISPOSED OFF

Holding

The applicant is entitled to Letters of Administration without a will annexed, and the previously issued Succession Certificate is to be surrendered and deemed revoked.

Summary

The High Court had earlier granted a Succession Certificate to Simon Harold Attwood in Testamentary Petition No. 3042 of 2024. Britannia Industries Ltd filed a Miscellaneous Petition seeking revocation of that certificate. The Court, after considering submissions, held that under Sections 212(1) and 212(2) of the Indian Succession Act the proper remedy for the applicant is to obtain Letters of Administration without a will annexed. Accordingly, the applicant filed Interim Application No. 5071 of 2026 requesting such grant and the surrender of the original Succession Certificate. The Court allowed the interim application, ordered the certificate to be returned to the Registry within a week, and declared the revocation petition dead, while keeping other questions open for future determination.

Issues considered

Whether the applicant is entitled to Letters of Administration without a will annexed under the Indian Succession Act.
Whether the previously issued Succession Certificate should be revoked in favour of the Letters of Administration.
Whether the revocation petition filed by Britannia Industries Ltd can survive after the grant of Letters of Administration.

Legislation cited

Indian Succession Act, 1925 — s. 212(1), 212(2), 33, 37, 370

Subjects

Succession Certificate
Letters of Administration
Indian Succession Act
Revocation Petition
Probate
Interim Relief
Securities

Judgment

38. OS IA-5071-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.

INTERIM APPLICATION NO. 5071 OF 2026
IN
TESTAMENTARY PETITION NO. 3042 OF 2024

Simon Harold Attwood Applicant
.. (Org. Petitioner)
In The Matter Between
Sybil Beatrice Hughes alias
Sibyl Beatrice Mitchell alias
Sybil Hugehs / Mitchell .. Deceased

Simon Harold Attwood .. Petitioner

Britania Industries Ltd .. Respondent

ALONGWITH
INTERIM APPLICATION NO. 3643 OF 2025
IN
TESTAMENTARY PETITION NO. 3042 OF 2024

WITH
MISC. PETITION NO. 902 OF 2025
IN
TESTAMENTARY PETITION NO. 3042 OF 2024
....................
 Mr. Sharan Jagtiani, Senior Advocate a/w Mr. Rohit Bandekar &
Ms. Sheetal Shah i/by M/s. Mehta & Girdharlal, Advocates for
Applicant
 Mr. Navroz Seervai, Senior Advocate a/w Mr. Sarosh Bharucha, Mr.
Jay Zaveri, Ms. Reha Parkash, Ms. Kshamaya Paniel & Mr. Ujjwal
Batra i/by Crawford Bayley & Co., Advocates for Respondent -
Britania Industries Ltd
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 5, 2026

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38. OS IA-5071-26.odt

P. C.:

1. Heard Mr. Jagtiani, learned Senior Advocate along with Ms.

Shah, learned Advocate for Applicant i.e. Org. Petitioner and Mr.

Seervai, learned Advocate for Respondent.

2. By administrative order dated 24.09.2026, the Hon'ble the Chief

Justice has directed this Court to decide the present Application.

3. Present Application is a post-grant amendment Application

rather filed as a post-grant amendment Application in Testamentary

Petition No. 3042 of 2024. In the said Testamentary Petition, this

Court had already allowed and granted Succession Certificate to the

Applicant. There was a Miscellaneous Petition filed by Britannia

Industries Limited i.e. the concerned Company for revocation of the

above Succession Certificate which was argued before me.

4. In the course of submissions made by learned Advocates while

considering the Revocation Petition, this Court passed order dated

24.08.2026. Paragraph Nos. 2 and 3 of the said order read thus:-

"2. In view of the submissions made by Mr. Seervai, inter alia, with
regard to applicability of provisions of Section 212(1) read with Section
212(2) of the Indian Succession Act, 1925 in view of the status of the
deceased and Applicant before the Court who is the legal heir of the
deceased, Mr. Jagtiani, on instructions, submits that Applicant shall take out
appropriate Application seeking grant of Letters of Administration without
Will annexed with regard to the property and credits of the deceased in
accordance with the aforesaid provisions of the Indian Succession Act. He
would further submit that since the Applicant has proceeded with seeking
issuance of Succession Certificate and the Succession Certificate has
already been granted which is attempted to be revoked in the present
proceedings, Applicant be protected to that extent.

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38. OS IA-5071-26.odt

3. I have considered the aforesaid submissions and the provisions of
Section 212(1) read with Section 212(2) of the said Act. It is prima facie
seen that in view of the status of the Applicant and the deceased, the
correct course of action ought to be adopted by Applicant is to file Letters of
Administration in accordance with law. If any such Application is made,
this Court undoubtedly will consider the same and pass appropriate orders
therein. Needless to state that the Applicant is entitled to file the said
Application in accordance with the aforesaid provisions read with Sections
370, 33 and 37 of the Indian Succession Act. If any such Application is filed
by the Applicant and if the Applicant makes a statement therein that
Applicant shall surrender the Succession Certificate, keeping all contentions
open for the Applicant to seek appropriate Letters of Administration without
Will annexed in accordance with the provisions of Section 212(1), the Court
shall pass appropriate orders. "

5. In view of the statutory provisions emphasized under Section

212 of the Indian Succession Act and appropriate instructions having

been taken by Applicant, the Applicant has decided to file the present

Interim Application for various reliefs as prayed for therein.

6. I have considered the submissions and the grounds on which the

present Application is filed. The Applicant desires to seek issuance of

grant, namely Letters of Administration without will annexed in favour

of Applicant in respect of securities set forth in Schedule I with power

to collect debts and receive dividends and/or to negotiate and/or

transfer the said securities in accordance with law. The case of the

Applicant in the facts and circumstances of the present case as argued

and prayed for issuance of the above grant of Letters of Administration

without Will annexed appears to be correct in accordance with law.

7. In view of the above, I am inclined to consider grant of prayer

clause (b) of the Application to the Applicant. However, the condition

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38. OS IA-5071-26.odt

precedent thereto would be that the Applicant shall surrender the

original Succession Certificate which has been issued by this Court in

Testamentary Petition No. 3042 of 2024 to the Registry within one

week from today. Needless to state that the said grant namely

Succession Certificate which has been issued, stands revoked. The

original Succession Certificate shall be returned back to the

Department. The Registrar is directed to accept the same in view of

this order.

8. Interim Application No. 5071 of 2026 stands allowed in terms of

prayer clause (b). As a consequence of granting prayer clause (b),

prayer clauses (c) (iii) to (vii) are also granted which are the reliefs in

consequence of the statutory procedure established by this Court

under the Original Side Rules for issuance of grant of Letters of

Administration without will annexed.

9. All questions are otherwise kept open.

10. In view of this order, the Revocation Petition i.e. Miscellaneous

Petition 902 of 2025 does not survive. Needless to state that all

questions are otherwise kept open for the parties in accordance with

law. Needless to state that Court fees paid for the original Petition

i.e. Testamentary Petition No. 3042 of 2024 shall be adjusted in the

present Application filed for issuance of Letters of Administration

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38. OS IA-5071-26.odt

without Will annexed and the same challan shall be accepted by the

Department.

11. Liberty to apply in case of any difficulty.

12. Interim Application is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.10.05
15:53:53
+0530

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