MRS.ESTRIDA LUCY JANET VAZ vs NIL - 2026 Supreme(Online)(Kar) 1395

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2026 Supreme(Online)(Kar) 1395

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MS. JYOTI M, J
MRS.ESTRIDA LUCY JANET VAZ – Appellant
Versus
NIL – Respondent

Advocates:
For the Appellants/Petitioners: SRI.PRUTHVEEN KATTIMANI., SRI.GIRIDHAR H.

Judgement Key Points

The appeal challenges the trial court's dismissal of a petition for succession certificate under Section 372 of the Indian Succession Act, 1925, following the intestate death of Mr. Herold Vaz. [judgement_subject][2][3][5]
The deceased was a Christian who died intestate without a will, leaving investments in Reliance Group shares without a nominee. [3]
Appellants, being the widow and children (lineal descendants) of the deceased, sought transmission of shares but required a succession certificate. [3]
Trial court dismissed the petition erroneously, citing the mother's status as a legal heir as precluding the claim. [3][5][6]
Under Sections 32 and 33 of the Indian Succession Act, 1925, the mother is excluded from inheritance if the intestate is survived by a widow and lineal descendants. [6][7]
If an intestate dies leaving a widow and lineal descendants, the widow receives 1/3rd of the property, and lineal descendants receive 2/3rd. [6]
Lineal descendants (widow and children) are entitled to the entire estate, as the mother has no share when they survive. [6][7]
Trial court misconstrued Sections 32 and 33 by failing to exclude the mother in presence of widow and children. [6][7]
Appellants, as direct lineal descendants, hold legal right to succeed to the estate by operation of law. [7]
Appeal allowed; trial court order dated 08.11.2019 set aside; trial court directed to grant succession certificate to appellants within one week. [8][9]

ORAL JUDGMENT

Sri.Pruthveen Kattimani., counsel on behalf of Si.Giridhar.H., for the appellants has appeared in person.

2. The captioned appeal is filed to set aside the order dated 08.11.2019, passed by the Court of the XX Additional City Civil and Sessions Judge (CCH-32), Bangalore City, in P & S.C.No.532/2018.

3. The deceased husband of the first appellant and the father of appellants 2 and 3 was a Christian by religion, and the appellants herein are also Christians by religion. The late Mr.Herold Vaz died intestate without leaving any will or testament. The deceased Mr.Herold Vaz had invested certain money in Reliance Group of Companies shares without nominating a nominee for transmission of shares after his lifetime; consequently, the appellants, being the lineal descendants, became entitled to get transfer of the aforesaid shares held by late Mr.Herold Vaz in the Reliance Group of Companies and the appellants sought for transmission of shares described in the schedule to the petition in their favor along with all the necessary papers, including all the necessary forms, affidavits, copies of the shares certificate and the death certificate of the aforesaid late Mr.Herold Vaz. How

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2026 Supreme(Online)(Kar) 1395

IN THE HIGH COURT OF KARNATAKA AT BENGALURUMS. JYOTI M, JMRS.ESTRIDA LUCY JANET VAZ – AppellantVersusNIL – Respondent

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MS. JYOTI M, J
MRS.ESTRIDA LUCY JANET VAZ – Appellant
Versus
NIL – Respondent